Dempsey v. Billinghurst
South Dakota Supreme Court
Appeal from circuit court, Spink county. Hon. A. W. Campbell, Judge. Action to recover for board and lodging. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion. To enable a third party not a party to the contract to sue upon it, it must appear that there was a clear intent on the part of both parties that the one party shall become the debtor of the third. 3 Am. and Eng.
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Appeal from circuit court, Spink county. Hon. A. W. Campbell, Judge. Action to recover for board and lodging. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion. To enable a third party not a party to the contract to sue upon it, it must appear that there was a clear intent on the part of both parties that the one party shall become the debtor of the third. 3 Am. and Eng. Ency. of Law 863; Wheat, v. Rice, 97 N. Y. 296; Kee v. Davidson, 73 Cal. 522; Wright v. Leroy, 2 South. 6; Miller v. Gable, 66 la. 113. A person boarding and working at a hotel under a…
1Opinion of the Court
Fuller, .J.
For a cause of action against the defendant, the complaint in this case states that plaintiff, a keeper of an hotel, furnished board and lodging to one Martin, an employe of the defendant, for a period of nine weeks, at the special instance and request of the latter, and that the said board and lodging are reasonably worth the sum of $86, no part of which has been paid. Defendant, by his answer, alleged a nonjoinder of parties defendant, and denied that he ever requested plaintiff to provide the board and lodging mentioned in the complaint, or that he ever promised to pay for the…
2Cases cited2 opinions
- Hills v. SnellMassachusetts Supreme Judicial Court · 1870
- Savage v. McCorkleOregon Supreme Court · 1888
3Cited by5 opinions
- Ott v. BoringWisconsin Supreme Court · 1907
- Egbert v. St. Louis S. F. R. Co.Supreme Court of Oklahoma · 1915
- Dempsey v. BillinghurstSouth Dakota Supreme Court · 1895
- Carter Oil Co. v. EliSupreme Court of Oklahoma · 1932
- Thomas v. ThomasSupreme Court of Oklahoma · 1910