Backes v. Erickson

Citations

• 19 S.D. 245
• 103 N.W. 21
• 1905 S.D. LEXIS 32

Syllabus

<p>1. Where, in an action on a written contract, plaintiff on Ms direct examination merely identified defendant’s signature to the contract, and on redirect examination testified to a part of the provisions of a subsequent oral agreement pleaded in defense, it was not prejudicial error to permit the opposing counsel to examine him fully with reference to the oral agreement.</p> <p>2. Where a shipment of nursery stock was accepted by the buyer on the express understanding that he was not to pay therefor unless the stock would prove to be as hardy as other varieties then growing on his premises, an action for breach of contract instituted within 10 days after the delivery of the stock was prematurely brought; it being impossible at that time to determine the rights of the parties.</p>