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Edson v. Poppe - 24 S.D. 466, 124 N.W. 441 (1910)

Rule:

An express promise for past services rendered without previous request is supported by a sufficient consideration if the services were beneficial, and were not intended to be gratuitous.

Facts:

Plaintiff tenant filed an action to recover from defendant owner under an oral contract, after the plaintiff drilled a well upon the premises and the owner allegedly agreed to pay the tenant for the reasonable value for digging the well. The trial court rendered judgment in favor of the plaintiff. Defendant owner appealed.

Issue:

Is an oral promise of the defendant owner to pay the plaintiff tenant valid and binding?

Answer:

Yes.

Conclusion:

The judgment of the trial court was affirmed. The court determined that under the circumstances alleged, the subsequent promise of the owner to pay the tenant the reasonable value for digging and casing the well was binding and supported by sufficient consideration.

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