Geddis v. Folliett

Citations

• 16 S.D. 610
• 94 N.W. 431
• 1903 S.D. LEXIS 125

Syllabus

<p>1. Laws 1891, p. 232, c. 100, § 9, provides that, “if the report [of the referee] is accepted by the court, judgment may be entered thereon.” Section 10 authorizes a new trial or an appeal to the Supreme Court — the report of the referee to be incorporated in the bill of exceptions— and in case a new trial is granted, or the report is not accepted, the parties may again refer the cause, or the same shall stand for trial as though it had not been referred, etc. Held, that the circuit court has no power to modify the report of a referee, or to change his findings or his conclusions of law.</p> <p>2. By the cancellation of a lease, and surrender of the possession by the lessee, and acceptance by the lessor, the damages sustained by the lessor by reason of the failure of the lessee to perform all the conditions of the lease were waived — especially as to such conditions as might hav,e been performed, had the lessee retained possession.</p>