Hughes v. Payne
South Dakota Supreme Court
Appeal from Circuit Court, McPherson County. Hon. EymaN T. BouchsR, Judge. Actipn by E. C. Hughes against W. PI. Payne. From an order sustaining a demurrer to the complaint, plaintiff appeals.
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Appeal from Circuit Court, McPherson County. Hon. EymaN T. BouchsR, Judge. Actipn by E. C. Hughes against W. PI. Payne. From an order sustaining a demurrer to the complaint, plaintiff appeals. Equity will giant relief in cases of mistake in written instruments, to prevent manifest injustice and wrong, and to suppress fraud, it will also grant relief and supply defects, where by mistake the parties have omitted any act¡s or circumstances necessary to give due validity and effect to written instruments, i Story’s Equity Jurisprudence, Sec. 166, 261 12th Ed.; Kein v. Eindley, 30 Afl. 1087;…
1Opinion of the CourtCorson, J.
This is an appeal by the plaintiff from an order of the circuit court sustaining a demurrer to the complaint. The action was instituted by the plain-tiff to reform a contract and for the specific performance of the same when so reformed.
I>t is alleged in the complaint: “That on the 5th day of April, 1906, the plaintiff purchased raf the defendant, and the defendant agreed to sell and convey to the (plaintiff by a good and sufficient warranty deed, the S. E. of section 30, in town 124 N., range 79 W., in Walworth county, statfe of Sputh Dakota, for the sum of $12 per acre, which price was…
2Cases cited2 opinions
- Chambers v. RoselandSouth Dakota Supreme Court · 1907
- Murphy v. RooneyCalifornia Supreme Court · 1872
3Cited by1 opinion
- Castle v. GleasonSouth Dakota Supreme Court · 1913