Gira v. Harris
South Dakota Supreme Court
Appeal, from circuit court Custer county. Hon. Levi McGre, Judge. Suit by Frank A. Gira and others against Jesse Harris for the specific performance of a contract to convey land. From a judgment in favor of plaintiffs, defendant appeals. The contract in suit is not a contract of purchase for want of mutual covenants.
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Appeal, from circuit court Custer county. Hon. Levi McGre, Judge. Suit by Frank A. Gira and others against Jesse Harris for the specific performance of a contract to convey land. From a judgment in favor of plaintiffs, defendant appeals. The contract in suit is not a contract of purchase for want of mutual covenants. It is simply an option,, a unilateral contract en-forcible by the one and not by the. other, for that there is no agreement to buy, but only to sell at a specified time for a specified amount in case the plaintiffs comply with its terms upon whom there is no obligation to…
1Opinion of the CourtCorson, J.
This is an action by the plaintiffs to enforce the specific performance of a contract entered into by the defendant with Charles Rhodes, one of the plaintiffs, in which it is claimed said Rhodes was acting for and in behalf of all the plaintiffs. Findings and j'udgméñt were in favor óf the plaintiffs, and the defendant appeals.
*539The contract in controversy is as follows: “Agreement: This agreement made and entered into this 22nd day of April, 1899, by and between Jess Harris, of the county of Custer, State of South Dakota, party of the first part, and Charles Rhodes, of Custer county, and State…
2Cases cited1 opinion
- McPherson v. FargoSouth Dakota Supreme Court · 1898
3Cited by7 opinions
- Beddow v. FlageNorth Dakota Supreme Court · 1911
- Grimsrud Shoe Co. v. JacksonSouth Dakota Supreme Court · 1908
- Herman v. WinterSouth Dakota Supreme Court · 1905
- Hanschka v. VodopichSouth Dakota Supreme Court · 1906
- Seifert v. LanzNorth Dakota Supreme Court · 1914
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