Van Abel v. Wemmering
South Dakota Supreme Court
Appeal from Circuit Court, Hyde 'County. Hon. John F. Hughes, Judge. Action 'by John Van Abel against G. F. Wemmering, to enforce specific performance of a contract for sale of realty. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Hyde 'County. Hon. John F. Hughes, Judge. Action 'by John Van Abel against G. F. Wemmering, to enforce specific performance of a contract for sale of realty. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. The defendant was greatly surprised by this amendment, and insisted that he was’ unable to proceed with the trial at that time, and asked the court for a continuance over the term, with proper terms, on the condition of allowing the amendment, on the grounds, that up to the time the amendment was allowed, the plaintiff…
1Opinion of the CourtMcCOY, J.
Equity action by vendor to compel purchaser to specifically perform a contract by accepting deed to and paying for certain real estate. Findings and judgment were in favor of plaintiff and defendant appeals.
[1-3] Defendant, appellant, assigns as error certain rulings of the court in relation to the amendment of the complaint. There was a specific contract entered into between plaintiff and defendant, which contract described the lands as being situated in township 113. The original complaint also described the lands as being in township 113. As a matter of fact said lands intended to be…
2Cases cited1 opinion
- James v. . BurchellNew York Court of Appeals · 1880
3Cited by11 opinions
- Hamon v. AllenCourt of Appeals of Texas · 1970
- Kluck v. LeuschnerCourt of Appeals of Texas · 1934
- Behringer v. MuchowSouth Dakota Supreme Court · 1947
- Burchfield v. HagemanSouth Dakota Supreme Court · 1915
- Marso v. HeckSouth Dakota Supreme Court · 1926
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