Winona Lumber Co. v. Church

Citations

• 6 S.D. 498
• 62 N.W. 107
• 1895 S.D. LEXIS 143

Syllabus

<p>1. The complaint, alleging that certain persons “met together and organized a voluntary unincorporated association under the name of the Watertown Trotting Association”; that the defendants were the general officers thereof, and its active managers; that, with the knowledge and sanction of the defendants, the plaintiff, relying upon defendants’ re-sponsibility therefor, sold lumber and building materials to said association, which were used in the construction of buildings for the use of such association, for which payment was past due, — states a cause of action against said defendants.</p> <p>2, Where parties unite in a voluntary unincorporated association, and for convenience contract under an associate name, the acts of the association, it not being a legally responsible body, are the acts of its members who instigate and sanction the same.</p> <p>(Syllabus by the Court.</p>