Chase v. Redfield Creamery Co.

Citations

• 12 S.D. 529
• 81 N.W. 951
• 1900 S.D. LEXIS 70

Syllabus

<p>1. Where a corporation accepted the benefit of a promoter's agreement to pay plaintiff certain unpaid rent of the corporation’s predecessors, if permitted to occupy plaintiff’s building, and on the corporation's coming into existence the promoter was elected as president, uand the company took possession of the building, it was charged with the president’s knowledge respecting the agreement, and bound thereby.</p> <p>2. Where plaintiff sued a corporation on an oral agreement to pay certain unpaid rent of -its predecessors, as part of the consideration of the corporation’s occupancy of plaintiff’s building, the fact tbatdefendant offered in evidence a paper stipulating that, if defendant occupied the building during a cerlain year, plaintiff would donate the rent of its predecessors, did not prevent plaintiff from proving the parol contract to assume such rent, since the written stipulation related to an independent matter, and was not the contract sued on.</p>