Prior v. Sanborn County

Citations

• 12 S.D. 86
• 80 N.W. 169
• 1899 S.D. LEXIS 85

Syllabus

<p>1. Failure to urge an objection that a contract is within the statute oj frauds, in the trial court, is a waiver thereof.</p> <p>2. In an action against a county to recover rents after it had vacated a building leased by it for a court house, parol proof that the sheriff and others notified the owners of its dilapidated condition, and served notice of intention to vacate at the request of the commissioners, is admissible, though no authority of those making the complaint and signing the notice was disclosed by the records of the commissioners’ court, as it is sufficient that the owner’s attention is called to the uninhabitable condition of a leased building, to hold him to the consequences of a failure to repair.</p>