[DOWNLOAD] "Profit Counselors v. Knight" by Supreme Court of South Dakota # Book PDF Kindle ePub Free

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eBook details

• Title: Profit Counselors v. Knight
• Author : Supreme Court of South Dakota
• Release Date : January 03, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

BIEGELMEIER, Judge. Plaintiff's action was based on a check of defendant's dated June 30, 1961 for $1,250.00, payment of which had been stopped by defendant. Defendant's answer alleged the check had been paid by another check dated July 7, 1961. At the trial the court admitted oral evidence to show the June 30th check was given in payment of the third week of employment of plaintiff by defendant under a printed Operating Agreement. By paragraph 11 thereof plaintiff's services could be terminated at the end of any calendar week. Defendant's evidence was that he had terminated this agreement at the end of the third week and had executed the check sued on in full payment of the services received to that date and because he was dissatisfied he had terminated such services; he then stopped payment on this check and after some Discussion in the ensuing week he executed and delivered the July 7, 1961 check as payment of the June 30, 1961 check and all claims of the plaintiff. The July 7th check was paid in full. The jury returned a verdict for the defendant and plaintiff appealed from the judgment. While the defendant also alleged a counterclaim, we will first deal with the issues involved in the complaint and answer.

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