Sundling v. Willey

Citations

• 19 S.D. 293
• 103 N.W. 38
• 1905 S.D. LEXIS 40

Syllabus

<p>' 1. Where both parties move for a directed verdict, and neither requests the submission of the cause to the jury, the facts become undisputed, and the trial court may draw all the inferences therefrom that a jury might • have drawn had the cause been submitted to it.</p> <p>2. A letter written by a debtor after a discharge in bankruptcy, in which he stated that the addressee should have her money even if it was but a little at a time, and that the debtor would pay no one else, but that the addressee should be paid in full as soon as possible, constituted sufficient evidence of a new promise to support an action on the claim.</p> <p>8. A promise to pay “as soon as possible,” made after a discharge in bankruptcy, is not a conditional promise, and as such insufficient to support an action on the original demand.</p>