South Dakota Supreme Court, 1930

Remme v. Johnson

Remme v. Johnson
South Dakota Supreme Court · Decided October 6, 1930
57 S.D. 386; 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.

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