Cranmer v. Building & Loan Ass'n

Citations

• 6 S.D. 341
• 61 N.W. 35
• 1894 S.D. LEXIS 154

Syllabus

<p>1. In the absence-of an express contract, a party to an action who requests an attorney at law to appear and answer therein becomes liable to pay a reasonable compensation therefor, and when such attorney has testified in his own behalf, in an action to recover for his services, that the same are reasonably worth a specified amount, it is error to sustain objections to questions on cross-examination relative to the character and extent of such services, and which tend to elicit statements from the witness designed to show that by reason of his carelessness or unskillfulness the suit was lost, and that his services were worth less than the amount claimed, or were entirely valueless.</p> <p>2. In an action on a contract to indemnify plaintiff against damages that might be sustained by himself, his heirs or assigns, by reason of certain mechanics'’ liens existing upon a building sold by defendant to plaintiff he cannot recover without showing that he was injured or became liable to another for damages occurring to such building after he has sold the same, and after the foreclosure of the lien and sale of the property on execution.</p> <p>(Syllabus by the Court.</p>