Pearsons v. Peters

Citations

• 19 S.D. 162
• 102 N.W. 606
• 1905 S.D. LEXIS 16

Syllabus

<p>In an action for damages for the partial failure of defendant to convey to plaintiff certain land, the complaint did not allege any false pretenses on the part of defendant, but an affidavit for attachment alleged that the contract and the debt and damages were incurred for property of the plaintiff obtained in payment for such land under false pretenses. Held, that the attachment was properly dissolved; evidence as to the false pretenses being inadmissible under the complaint, and the statute on which the attachment was based including only actions on contract, where the court may determine from the contract the amount of recovery to which plaintiff is entitled.</p> <p>CORSON, P. J., dissenting.</p>