Lounsberry v. Kelly
South Dakota Supreme Court
Appeal from Circuit Court, Coding-ton Co-unty. Hon. Carl G. Sherwood, Judge. Action by Samuel N. Eounsberry and another against E. J. Kelly, for specific performance of a contract to convey realty. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtSmith, J.
Appeal from the circuit court of Codington county. Action for specific performance of a written contract for conveyance of real estate.
[1] The answer alleges that the contract was procured by fraud and misrepresentation of the plaintiff. The issues of fact raised by the pleadings were submitted to a jury and a general verdict returned for plaintiff. The verdict of the jury was adopted by the trial court without objections to its sufficiency, and'a decree entered awarding plaintiff the relief demanded. So far as the record discloses, neither party made request for findings of fact, nor is any…
2Cases cited6 opinions
- State v. DoranSouth Dakota Supreme Court · 1912
- First National Bank v. McCarthySouth Dakota Supreme Court · 1904
- F. Meyer Boot & Shoe Co. v. C. Shenkberg Co.South Dakota Supreme Court · 1899
- Apland v. PottSouth Dakota Supreme Court · 1902
- Custer County Bank v. Custer CountySouth Dakota Supreme Court · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
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- First W. Bank, Sturgis v. Livestock YardsSouth Dakota Supreme Court · 1991
- Kremer v. American Family Mutual Insurance Co.South Dakota Supreme Court · 1993
- Nizielski v. TvinnereimSouth Dakota Supreme Court · 1990
- Skoglund v. StaabSouth Dakota Supreme Court · 1981
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