Parker v. Ausland

Citations

• 13 S.D. 169
• 82 N.W. 402
• 1900 S.D. LEXIS 110

Syllabus

<p>A complaint to recover the amount paid, to defendant for a county warrant alleged that plaintiff bought the warrant from defendant under defendant’s representation that it was a legal and bona fide charge against the county, whereas defendant well knew that the warrant was illegal and that payment thereof would be enjoined, and that, after plaintiff paid defendant for the warrant, payment thereof was enjoined, and the warrant declared void. Held, that the complaint stated facts sufficient to constitute a cause of action under Code Civ. Proc §§ 3588, 3599, providing that one who willfully deceives another is liable for damages caused thereby.</p>