Remme v. Johnson
This text of 232 N.W. 92 (Remme v. Johnson) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Plaintiff’s complaint sufficiently alleges the execution of a contract in writing and seeks damages for a breach thereof. At the opening of the trial defendant objected to the introduction of any testimony upon the ground that the complaint did not state facts sufficient to constitute a cause of action in favor of the plaintiff and against the defendant. This objection was sustained and an order entered accordingly and a judgment entered1 dismissing the complaint, from which plaintiff has appealed.
The allegations of the complaint are entirely sufficient to state a cause of action in favor of appellant and against respondent, and the judgment appealed from is therefore reversed.
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Cite This Page — Counsel Stack
232 N.W. 92, 57 S.D. 386, 1930 S.D. LEXIS 121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/remme-v-johnson-sd-1930.