Caldwell v. Maxfield

Citations

• 7 S.D. 361
• 64 N.W. 166
• 1895 S.D. LEXIS 77

Syllabus

<p>1. In reviewing the action of the trial court in directing a verdict, the party against whom the verdict was directed is entitled to have the evidence viewed in the most favorable light to him of which it is susceptible, for so the jury might have viewed it and acted upon it.</p> <p>2. D. & W. contracted with respondent to construct certain houses for him. They obtained the building material therefore from appellant, drawing upon respondent from time to time to make payments thereon. When the buildings were nearly completed, D., in drawing upon respondent for the amount of the unpaid balance for material, arranged with appellant to add $100 to the amount of such draft, which appellant should pay him in cash. Appellant drew the draft reciting that it was “in full for lumber,” etc., and D. signed it, for $100 more than the material account, presented it for payment to respondent, without informing him that it represented anything but the lumber account. Respondent paid it in ignorance of such fact, and appellant paid the $100 so collected to D. Held, that the transaction on its face constituted a legal fraud upon respondent, which entitled him to recover the $100 from appellant.</p> <p>(Syllabus by the Court.</p>