Nebraska Land & Live Stock Co. v. Burris

Citations

• 10 S.D. 430
• 73 N.W. 919
• 1898 S.D. LEXIS 12

Syllabus

<p>1. The refusing a continuance is largely in the discretion of the trial court, and will not be reviewed, unless there has been a manifest abuse of such discretion.</p> <p>2. Whore a continuance is asked on the grounds of the absence of a witness, and the evidence to be given by the witness, as set out in the affidavit upon which the motion is made, is inadmissible under the pleadings, it should be denied.</p> <p>3. In a.n action for damages for breach of a contract to irrigate land, a witness who testified that he had a farm that had been irrigated for the past two years, and was acquainted with character of the land farmed by defendant, as compared with his own, was asked. “How much, in your opinion, would fifty acres of fodder corn, properly irrigated on defendant’s place, yield?” Held not objectionable, as being speculative and an attempt to prove prospective damages.</p> <p>4. When a contract provided for the furnishing of 50 cows, and also for the irrigation of a certain farm, and that the crops raised on the farm, should bo fed to these cows, and the contractor failed to furnish the cows or to irrigate the farm, in an action for damages for breach of contract it was not error to submit to the jury both the questions of measure of damages for failure to furnish the cows and failure to irrigate the farm.</p>