Walker v. McCaull
South Dakota Supreme Court
Appeal from circuit court, McPherson county. Hon. Lor-, ing E. Gaffy, Judge. Action by Gilbert S. Walker against James L. McCaull and Douglas Webster, partners as McCaull, Webster & Co. Judgment for plaintiff, and defendants appeal. The facts are stated in the opinion.
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Appeal from circuit court, McPherson county. Hon. Lor-, ing E. Gaffy, Judge. Action by Gilbert S. Walker against James L. McCaull and Douglas Webster, partners as McCaull, Webster & Co. Judgment for plaintiff, and defendants appeal. The facts are stated in the opinion. Issuable facts must be set forth by direct and positive aver-. ment, and not by way of recital, inference, argument or reasoning. 1 Estee, Pl. & Forms, 131; Stringer v. Davis, 30 Cal. 320; Valentine v. Lunt, 22 N. E. 209; Moore v. Bessie, 30 Cal. 572; Moulton v. Doran, .10 Minn. 49; Taylor v. Blake, 11 Minn. 172; Leland v.…
1Opinion of the CourtFuller, P. J.
This action to recover damages arising from the conduct of defendants with reference to a consignment of wheat was tried to a jury, and some of the facts pertinent to the points presented on this appeal from a judgment in favor of plaintiff are these: Respondent, a grain buyer resid-' ing at Eureka, in this state, shipped a car load of wheat from that point to appellants, who are engaged in the business of selling grain on commission in the city of Minneapolis, Minn. Although the car, containing 625 bushels, reached appellants promptly on the 5th day of June, they made no final disposition of…
2Cases cited5 opinions
- Jeansch v. LewisSouth Dakota Supreme Court · 1891
- Sherwood v. City of Sioux FallsSouth Dakota Supreme Court · 1898
- Jenkinson v. City of VermillionSouth Dakota Supreme Court · 1892
- Weiss v. EvansSouth Dakota Supreme Court · 1900
- Anderson v. AlsethSouth Dakota Supreme Court · 1895
3Cited by6 opinions
- Unzelmann v. SheltonSouth Dakota Supreme Court · 1905
- Burgi v. RudgersSouth Dakota Supreme Court · 1906
- George Walter Brewing Co. v. LockeryWisconsin Supreme Court · 1907
- Olson v. DaySouth Dakota Supreme Court · 1909
- State ex rel. Bly v. WoldSouth Dakota Supreme Court · 1925
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