Bedow v. Tonkin

Citations

• 5 S.D. 432
• 59 N.W. 222
• 1894 S.D. LEXIS 78

Syllabus

<p>1. When, in a case tried by a jury the evidence is conflicting, this court will not weigh the evidence, or go further than determine therefrom whether or not the party has given sufficient evidence to sustain his verdict, without regard to the evidence given by the other party, except so far as such evidence tends to sustain the case of the successful party.</p> <p>2. One who has preformed services for another under a special contract may recover for the value of the services rendered, though he may not have fully completed his term of service, subject to the right of the employer to deduct any damages he may have sustained by the breach of the contract on, the part of the employe.</p> <p>(Syllabus by the court.</p>