Coats v. Arthur

Citations

• 5 S.D. 274
• 58 N.W. 675
• 1894 S.D. LEXIS 58

Syllabus

<p>A warrant of attachment was issued upon an affidavit stating that the defendant is a nonresident of this state; that a cause of action existed in favor of the plaintiff and against the defendant for §968, the grounds of which, as stated in said affidavit, are that the defendant sold to the plaintiff certain real estate, and agreed to complete the buildiDg thereon, and deliver possession of the same, not later than May 12, 1891, but that he failed to deliver the possession until August 1, 1891; that the rental value of said premises was §180 per month, or §474 from May 12th to August 1st; also that by reason of such delay the plaintifl was unable to rent said premises after August 1st for so much per month, by §130, as he could have done had the possession of said premises been delivered to him at the time agreed upon; and that between'August 1, 1891, and the commencement of the action the plaintiff thus sustained damage in the sum of §494, making a total damage of §968. Held, that the warrant of attachment properly issued, and that the court committed no error in refusing to dissolve and discharge the same. FULLER, J., dissenting.</p> <p>(Syllabus by the court.</p>