Yarosh v. Sanders
South Dakota Supreme Court
Appeal from Circuit Court, Brule County. Hon. RraNIC B. Smith, Judge. Action by Joseph E. Yarosh, against C. E. Sanders, for recovery of part purchase money under a contract of sale of realty. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtGates, P. J.
On July 25, 1919, defendant entered into a contract in writing to convey to plaintiff 80 acres of land, partly within the townsite of Kimball, for the price of $15,600. Of this *378sum $3,900 was paid in cash, and $11,700 was to be paid 'March X, 1920, upon delivery of deed. The contract also provided that abstract of title should be furnished, showing a good and merchantable title. Defendant did not have title to the land, but had a contract for its purchase. On March 1, 1920, plaintiff tendered to defendant the sum of $11,700 and demanded deed and abstract of title and made this further demand…
2Cited by2 opinions
- Saunders v. EricksonSouth Dakota Supreme Court · 1922
- Richards v. SandersSouth Dakota Supreme Court · 1922