Ewart v. Kass

Citations

• 17 S.D. 220
• 95 N.W. 915
• 1903 S.D. LEXIS 23

Syllabus

<p>In an action to recover money loaned and advanced to defendant, and for labor and services performed, defendant filed an answer denying each and every allegation of the complaint, and, by way of defense and counter claim, set up that he delivered to plaintiffs 257 head of cattle, to be delivered by them in London and there sold by them, at a cost of $10 each; that plaintiffs, in violation of the agreement, delivered 182 head in Liverpool, charging him $22.75 per head; that $2,320.50 was due from plaintiffs to defendant. The answer contained a number of similar counterclaims for breaches of contract by plaintiffs, and demanded judgment for $9,974.71, including $5,000 for the wrongful issuance of an attachment. Held, error to order a reference, the pleadings not showing that the examination of a long account was necessary.</p>