Rauber v. Sundback

Citations

• 1 S.D. 268
• 46 N.W. 927
• 1890 S.D. LEXIS 31

Syllabus

<p>1. Where the evidence leaves a question of fact in dispute, doubt, or uncertainty, such fact should be determined by the jury.</p> <p>2. A fact is legally in dispute when its affirmation and its denial are each supported by competent evidence of some probative force; evidence which, standing alone, undenied and unexplained, would naturally and logically load a reasonable mind to a definite conclusion as to the cxist- or non-existence of such fact.</p> <p>3. Where the rights of the parties depend upon an agreement between them, and such agreement can only be gathered from statements and expressions used by them in letters and conversations which are apparently conflicting' and inconsistent with each other, it is the duty of the jury and not of the court to find from all the evidence what the agreement really was.</p> <p>(Syllabus by the court.</p>