Dempsey v. Billinghurst

Citations

• 7 S.D. 564
• 64 N.W. 1124
• 1895 S.D. LEXIS 117

Syllabus

<p>B., who had, upon the first day of April, employed M. to perform personal service at an agreed price of $30 per month and board, thereupon entered into an agreement with, and by which he became liable to, and did pay, S., the proprietor of an hotel, for boarding M. On the 1st day of the following September, D. bought the business of S., and without notifying B. of the change, furnished board to M. for more than two months thereafter. In the absence of anything to show that B. knew that D. was boarding M., or that he would be called upon to pay therefor, it is held, in an action by D. against B. to recover the reasonable value of M.’s board, that no implied agreement or privity of contract existed between the parties to the suit, and that the original agreement between B. and S. was not made for the benefit of D.</p> <p>(Syllabus by the Court.</p>