Fall v. Johnson

Citations

• 8 S.D. 163
• 65 N.W. 909
• 1896 S.D. LEXIS 3

Syllabus

<p>J. The matter being within the exercise of judicial discretion, the rulings of the trial court upon offers to prove specific facts, at the time apparently inadmissible, will not be disturbed unless substantial injury has resulted therefrom.</p> <p>2- A plea of payment in full is ordinarily good, without specifying the time, place, or manner thereof; and when money has either been advanced to the owner, by one to whom he has delivered property for the purpose of sale with the express understanding that the same shall he deducted from the proceeds of such sale when consummated, or when he has directed the person to whom he thus intrusted his property to pay a portion of the proceeds thereof to a third person, from whom he had obtained money on account of the delivery and prospective sale of his property, and such payment has actually been made, the facts and circumstances of the transaction may be shown under a plea of payment in an action to recover, less certain other credits, the amount received for the property.</p> <p>(Syllabus by the Court.</p>