Porter v. Booth

Citations

• 1 S.D. 558
• 47 N.W. 960
• 1891 S.D. LEXIS 59

Syllabus

<p>1. An objection that the complaint does not state facts sufficient to constitute a cause of action is not waived by a failure to make it in the court below.</p> <p>2. It is upon payment of a debt contracted by an agent for the benefit of a pricipal that the right of action accrues in favor of the agent against the principal, and not for some future contingent liability, or payment which the former may be compelled to make.</p> <p>3. In the absence of an express agreement, the law implies a promise of reimbursement on the part of the principal only when the agent has made some expenditure or payment for the principal in the line of his agency.</p> <p>(Syllabus by the Court.</p>