Johnson v. Schar

Citations

• 9 S.D. 536
• 70 N.W. 838
• 1897 S.D. LEXIS 109

Syllabus

<p>1. The provision lor costs in a note for a certain sum with attorney’s fees and “other costs, in case the holder is obliged to enforce payment at law,” renders the notenon-negotiable, under the statute.</p> <p>2. The condition of a stock subscription contract that 500 shares should be taken “under the terms hereof” is not performed by the taking of subscriptions aggregating 500 shares, some of which were under different terms.</p> <p>3. The condition is not, as a matter of law, waived by paying part of the subscription and giving a note for the balance, without knowledge that the full amount had not beon subscribed.</p>