Baskerville v. Gaar, Scott & Co.

Citations

• 15 S.D. 211
• 88 N.W. 103
• 1901 S.D. LEXIS 110

Syllabus

<p>1. An order permitting an amendment to an answer is largely discretionary, and should not be reversed where no abuse of discretion is shown</p> <p>2. Where it appears by the abstract that certain evidence was introduced by appellant, or the matter is left in doubt as to the manner in which the evidence came into the record, the question of error in its admission will not be considered.</p> <p>3. Where plaintiff sold machinery for defendant under a contract for a percentage of cash payments, and of notes, when paid, but not of unpaid notes, when a machine was returned to or taken back by defendant, plaintiff is entitled to his commission on a partial payment of a note made before the machine was taken back by defendant.</p>