Mitchell v. Morgan
South Dakota Supreme Court
Appeal from' Circuit Court, Brookings County. Hon. Frank Andkrson, Judge. Action by E. A. Mitchell, against J. P. Morgan and others, for specific performance of a contract of sale of realty. From a judgment for plaintiffs, and from an order denying a new trial, defendant J. P. Morgan appeals. (1) To point one of the opinion, Appellant cited: Sec. 824, ■Code 1919: Pomeroy on Spec. Perf. Secs. 145-7. Respondent cited: Drummond v. "Crane (Mass.) 23 E. R. A. 707, 714; 13" Cor.
Read the full summary
Appeal from' Circuit Court, Brookings County. Hon. Frank Andkrson, Judge. Action by E. A. Mitchell, against J. P. Morgan and others, for specific performance of a contract of sale of realty. From a judgment for plaintiffs, and from an order denying a new trial, defendant J. P. Morgan appeals. (1) To point one of the opinion, Appellant cited: Sec. 824, ■Code 1919: Pomeroy on Spec. Perf. Secs. 145-7. Respondent cited: Drummond v. "Crane (Mass.) 23 E. R. A. 707, 714; 13" Cor. Jur. 299, and cases cited in note 96. (2) To point two, Appellant cited: Fordyce Ebr. Co. v. Wallace (Ark.) 107 B. W.…
1Opinion of the CourtMcCOY, J.
This action was instituted by the plaintiff to compel the defendant John P. Morgan, to specifically perform a certain contract in relation to the sale of certain real estate. Findings and judgment were in favor of plaintiff, and defendant appeals.
*10It appears from the record that the contract on which the respondent relies is contained in certain correspondence carried on between the parties through the United 'States mails, and telegrams, the substance of which is as follows: On the 19th day of May, 1919, the appellant wrote respondent as follows::
“In regard to my farm at Estelline, I will…
2Cases cited2 opinions
- Flegel v. DowlingOregon Supreme Court · 1909
- Bacon v. LeslieSupreme Court of Kansas · 1893
3Cited by1 opinion
- Mitchell v. MorganSouth Dakota Supreme Court · 1922