Legal Opinion

Nicolaus v. Deming

South Dakota Supreme Court

Decided January 31, 1966No. File 10235PublishedCited by 36 opinions

1Opinion of the CourtBiegelmeier, J.

This is an appeal from a judgment of specific performance requiring conveyance of land from defendants to plaintiffs pursuant to an instrument entitled "Option to Purchase Real Property". At the trial defendants claimed they signed the Option by mistake believing it was merely some type of instrument to enable plaintiffs to acquire a loan. The main issue raised on the appeal is the insufficiency of the evidence to support the trial court's findings of fact and conclusions of law contrary to those contentions. It is well settled that the credibility of witnesses and weight of evidence is for…

2Cited by36 opinions

  1. Gross v. GrossSouth Dakota Supreme Court · 1984
  2. Nachtigall v. EricksonSouth Dakota Supreme Court · 1970
  3. Ducheneaux v. MillerSouth Dakota Supreme Court · 1992
  4. Gross v. Connecticut Mutual Life Insurance Co.South Dakota Supreme Court · 1985
  5. In Re the Estate of DokkenSouth Dakota Supreme Court · 2000

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