Remme v. Johnson

South Dakota Supreme Court
Remme v. Johnson, 57 S.D. 386 (S.D. 1930)
232 N.W. 92; 1930 S.D. LEXIS 121

Remme v. Johnson

Opinion of the Court

PER CURIAM.

Plaintiff’s complaint sufficiently alleges the execution of a contract in writing and seeks damages for a breach thereof. At the opening of the trial defendant objected to the introduction of any testimony upon the ground that the complaint did not state facts sufficient to constitute a cause of action in favor of the plaintiff and against the defendant. This objection was sustained and an order entered accordingly and a judgment entered1 dismissing the complaint, from which plaintiff has appealed.

The allegations of the complaint are entirely sufficient to state a cause of action in favor of appellant and against respondent, and the judgment appealed from is therefore reversed.

All the Judges concur.

Reference

Full Case Name
REMME v. JOHNSON
Status
Published