Polk v. Carney

Citations

• 17 S.D. 436
• 97 N.W. 360
• 1903 S.D. LEXIS 73

Syllabus

<p>1. A contract between S., owner of land, and T., that T. is to cut the timber thereon, and deliver a certain amount of it to S., is but a license to T., which is revoked by S. conveying the land to a stranger without reservation.</p> <p>2. The granting of a new trial to . defendant is in the discretion of the court, though an amendment of the answer is necessary for introduction of the defence sought to be interposed on the new trial.</p>