Narregang v. Muscatine Mortgage & Trust Co.

Citations

• 7 S.D. 574
• 64 N.W. 1129
• 1895 S.D. LEXIS 121

Syllabus

<p>An attachment in an action to recover damages for breach of contract to convey real estate that has been issued upon an affidavit which fails to enumerate any of the acts or ommissions constituting- actionable detriment, under section 4586 of the Compiled Laws, and which states no ground for damages ascertained or ascertainable by reference to the contract, or from which the court can definitely determine, by any fixed rule of law or measure of damages, the amount which plaintiff is entitled to recover, should be on motion vacated and discharged. Coats . v. Arthur. 5 S. D. 274; 58 N. W. 675. Kellam, J., dissenting.</p> <p>(Syllabus by the Court.</p>