Hollenbeck v. Prior
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Sanborn county; Hon... Bartlett Tripp, Judge. It is obvious from the contract that all parties intended the reserved block to conform in size to the others, and. that the streets bounding the other blocks should form the boundaries to this block. The general rule of specific performance is that a conveyance will not be enforced if the boundary of the tract is not agreed upon.
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Appeal from the district court of Sanborn county; Hon... Bartlett Tripp, Judge. It is obvious from the contract that all parties intended the reserved block to conform in size to the others, and. that the streets bounding the other blocks should form the boundaries to this block. The general rule of specific performance is that a conveyance will not be enforced if the boundary of the tract is not agreed upon. There are at least two exceptions to this rule: First, where the contract itself prescribes the manner of fixing the boundaries; second, where the parties have entered into a partial…
1Opinion of the CourtCarland, J.
This is an appeal from a judgment of the district court for Sanborn county, sustaining a demurrer to the complaint of the plaintiff. Two demurrers were interposed; one by the defendant the Chicago, Milwaukee & St. Paul Railway Company, and one by defendant Charles H. Prior. The ground of demurrer, as specified by said defendants, was that the complaint did not state sufficient facts to constitute a cause of action. The defendant John Paul filed a disclaimer. On the hearing of the demurrers the same were sustained, and, the plaintiff electing to stand on his complaint, judgment was entered in…
2Cases cited10 opinions
- Colson v. ThompsonSupreme Court of the United States · 1817
- Blanchard v. Detroit, Lansing & Lake Michigan RailroadMichigan Supreme Court · 1875
- Agard v. ValenciaCalifornia Supreme Court · 1870
- Purinton v. Northern Illinois RailroadIllinois Supreme Court · 1867
- Schmeling v. KrieselWisconsin Supreme Court · 1878
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3Cited by4 opinions
- Rosen v. PhelpsCourt of Appeals of Texas · 1913
- Crawford v. CarterSouth Dakota Supreme Court · 1949
- Strom v. BuholzSouth Dakota Supreme Court · 1951
- Johnson v. PlotnerSouth Dakota Supreme Court · 1901