Legal Opinion

Watters v. Ryan

South Dakota Supreme Court

Decided May 10, 1913PublishedCited by 6 opinions

Appeal - from Circuit 'Court, Spink County. Hon. Ar,va E. Tayror, Judge. Action by George M. Watters against J. W. Ryan, for specific performance of contract for conveyance of land. From a judgment for plaintiff, defendant appeals. The -contract, as construed 'by plaintiff, is' not just, and reasonable so as to warrant a court of equity in enforcing hs performance.

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Appeal - from Circuit 'Court, Spink County. Hon. Ar,va E. Tayror, Judge. Action by George M. Watters against J. W. Ryan, for specific performance of contract for conveyance of land. From a judgment for plaintiff, defendant appeals. The -contract, as construed 'by plaintiff, is' not just, and reasonable so as to warrant a court of equity in enforcing hs performance. Section 2345 of the Civil Code of 1903. If a court of equity cannot construe a contract so as to malee it reasonable and unoppressive, it will not decree specific performance. Frye on Spec. Perf., 3 Am. Ed. 649, 651, 1425, 1419;…

1Opinion of the CourtWhiting, P. J.

Action for the specific performance of a contract for the purchase and sale of a half section of land. Trial to the court in June, 1911. Findings and judgment for plaintiff. Defendant appeals. Appellant’s contentions are: first, that the written contract is not sufficiently complete, definite, and certain to warrant a court of equity in decreeing specific-performance; second, that plaintiff has not shown such performance on his part and such tender of performance as to entitle him to a decree; third, that the contract is not equitable, just, and reasonable so' as to warrant a court of equity…

2Cases cited4 opinions

  1. Peters v. . DelaplaineNew York Court of Appeals · 1872
  2. Gotthelf v. . StranahanNew York Court of Appeals · 1893
  3. Thomas v. RyanSouth Dakota Supreme Court · 1909
  4. J. I. Case Threshing Mach. Co. v. FarnsworthSouth Dakota Supreme Court · 1912

3Cited by6 opinions

  1. Renner v. CrismanSouth Dakota Supreme Court · 1964
  2. Nyswanger v. RobertsSouth Dakota Supreme Court · 1940
  3. Esso Standard Oil Co. v. CunninghamCourt of Chancery of Delaware · 1955
  4. Esso Standard Oil Company v. CunninghamCourt of Chancery of Delaware · 1955
  5. Phillis v. GrossSouth Dakota Supreme Court · 1917

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