Farrell v. Edwards
South Dakota Supreme Court
. . Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Action to enforce specific performance of a contract, to convey land. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion. Where an action is brought for the specific performance of an agreement to sell real estate, the evidence must be clear, competent, direct and satisfactory of the terms of the contract and the authority of the agent to make it.
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. . Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Action to enforce specific performance of a contract, to convey land. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion. Where an action is brought for the specific performance of an agreement to sell real estate, the evidence must be clear, competent, direct and satisfactory of the terms of the contract and the authority of the agent to make it. Had field v. Skelton, 34 N. W. 397; Hazelton v. Putnam, 3 Pin. 107-121; Knowlton v. Harvey, 19 Wis. 99; Burlington Ry. Co. v. Sherwood, 17 N.…
1Opinion of the CourtFuller, J.
At the trial of this cause to the court without a jury, plaintiff obtained a judgment decreeing the specific performance of a contract to sell and convey real estate, and the defendant appeals.- The contract' for a deed offered in evidence, and considered by the court, was in the usual form, and sufficient to justify a specific performance if H. A. Parsons was *427authorized to sign the same on the part of appellant. The evidence introduced to show the authority of Parsons to sell the property consists of numerous letters which passed between himself and appellant, from which it appears that…
2Cases cited13 opinions
- Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
- Ballou v. SherwoodNebraska Supreme Court · 1891
- Lee v. CherryTennessee Supreme Court · 1887
- Jackson v. BadgerSupreme Court of Minnesota · 1886
- Minor v. Willoughby & PowersSupreme Court of Minnesota · 1859
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