Riley v. Miller
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. John T. Msdin, Judge. Action by Mary Riley, against Charles M. Wheat (Impleaded with Julius and Lewis Miller), to enforce specific performance of a contract for sale of land; defendant counterclaiming for repayment of a partial payment made, and for rescission of the 'contract. Prom a judgment for plaintiff, and from an order denying a new trial, defendant Wheat appeals.
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Appeal from Circuit Court, Minnehaha County. Hon. John T. Msdin, Judge. Action by Mary Riley, against Charles M. Wheat (Impleaded with Julius and Lewis Miller), to enforce specific performance of a contract for sale of land; defendant counterclaiming for repayment of a partial payment made, and for rescission of the 'contract. Prom a judgment for plaintiff, and from an order denying a new trial, defendant Wheat appeals. (1) To point one of the opinion, Appellant cited: Barlow v. McKinley, 24 la. 69; Beach v. Miller, 51 Ill. 206, 2 Am. Rep. 290. (2) To point two, Respondent cited: Keepers v.…
1Opinion of the CourtAnderson, J.
June 6, 1919, plaintiff and defendant entered into a contract for purchase and sale of a half section of land in Minnehaha county, the material portions of which are: Plaintiff to sell to defendant the property comprising 320 acres, more or less, for $140 per acre, making a total consideration of $44,800. Plaintiff to deed property clear of incumbrance March 1, 1920. Defendant at said time to make payment of $12,800 and execute mortgage secured on the land in the sum of $30,000, bearing interest at 5J4 per cent, ten years from March 1, 1920. Possession to be delivered at said time. At time of…
2Cases cited9 opinions
- Kellogg v. MalinSupreme Court of Missouri · 1872
- May v. Getty.Supreme Court of North Carolina · 1905
- Beach v. MillerIllinois Supreme Court · 1869
- Guild v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1896
- Burk v. HillIndiana Supreme Court · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Renner v. CrismanSouth Dakota Supreme Court · 1964
- Rusch v. KaukerSouth Dakota Supreme Court · 1991
- Ainsworth v. First Bank of South DakotaSouth Dakota Supreme Court · 1991
- Saunders v. Farmers' & Merchants' National BankSouth Dakota Supreme Court · 1933
- Rapp v. PetrickSouth Dakota Supreme Court · 1933
5 more not listed; retrieve them via the Exa API.