Hudson v. Archer

Citations

• 4 S.D. 128
• 55 N.W. 1099
• 1893 S.D. LEXIS 56

Syllabus

<p>1. The statement of the grounds of demurrer under Section 4910, Comp. Laws, in the language defining what are valid grounds of demurrer in Section 4909, is sufficient, except that when the first ground is relied upon the demurrer must specify whether the want of jurisdiction is as to the person or subject matter, and, where the fourth g'round is relied upon, the party must specify whether the defect is of parties plaintiff or defendant.</p> <p>2. Under the last clause of Section 4872, Comp. Laws, parties with whom a written contract is entered into may maintain an action in their own name for a breach of the same; thoug'hsuch parties are acting as agents or trustees of other persons; and it is not necessary that the persons beneficially interested in such contract be joined as parties plaintiff in the action.</p> <p>3. In an action for breach of contract, stipulations introduced info the same as provisos in favor of the defendants need not be negatived by the plaintiffs in their complaint. Such stipulations, to be taken advantage of, must be pleaded by the defendants.</p> <p>4. When the plaintiffs in their complaint set out a contract, allege full performance of the conditions of the same on their part, and a breach thereof by the defendants, they are entitled to recover nominal damages at least, and a demurrer to such complaint is not well taken.</p> <p>5. An erroneous claim for damages, or an improper demand for relief, does not render the complaint demurrable.</p> <p>(Syllabus by the Court.</p>