Qualseth v. Thompson
South Dakota Supreme Court
Appeal from- iCircuit 'Court, Minnehaha 'County. Hon John T. Medin, Judge. Action by Tom Qualseth, against Gunerius Thompson, to recover an alleged balance due plaintiff for work and labor performed for defendant in cutting cottonwood logs into lumber. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from- iCircuit 'Court, Minnehaha 'County. Hon John T. Medin, Judge. Action by Tom Qualseth, against Gunerius Thompson, to recover an alleged balance due plaintiff for work and labor performed for defendant in cutting cottonwood logs into lumber. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Appellant cited: i R. C. L., page ig6, Sec. 3-2; 1 Corpus Juris, page 556, Sec. 78; Nassoig v. Tomlinson (N. Y.) 51 A. S. R. 695; Fuller v. Kemp, 138 N. Y. 321, 20 L. R. Ai. 785. Respondent cited; Hagen v. Townsend ■& White, (S. D.) 131 N. W. 512; Siegele…
1Opinion of the CourtGates, J.
Plaintiff performed work and labor for defendant in cutting cottonwood logs into lumber with a portable saw. After crediting certain payments, plaintiff claimed a balance of $473.62 to be due from defendant. Defendant claimed *192an offset on account of defective sawing and waste. Plaintiff, as a witness, testified as follows:
“Q. And did not Mr. Thomson then tell you he was willing to pay you $400 and call it square? A. Yes, sir, and I told him I would not accept that.
“Q. And then, after that, he met you on the road near Col-ton, and you asked him when you could expect your balance? A. Yes, sir.
“Q…
2Cases cited2 opinions
- Hagen v. Townsend & WhiteSouth Dakota Supreme Court · 1911
- Siegele v. Des Moines Mut. Hail Ins.South Dakota Supreme Court · 1911
3Cited by7 opinions
- Scholl v. TallmanSouth Dakota Supreme Court · 1976
- Eberle v. McKeownSouth Dakota Supreme Court · 1968
- Frazier v. RayNew Mexico Supreme Court · 1923
- Clancy v. CallanSouth Dakota Supreme Court · 1976
- Adams v. MoreheadSouth Dakota Supreme Court · 1922
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