Cook v. Rezek

DUNN, Chief Justice.

The Circuit Court for the First Judicial Circuit, after trial to the court, denied plaintiff’s request for specific performance of a real estate contract. This appeal claims the court erred in not finding (1) that a binding contract existed, and (2) that the breach complained of by the defendant did not warrant the court’s denial of specific performance. We reverse.

For the most part .the facts are not in dispute. Sometime in 1970 or 1971, defendant John Rezek talked to Don Juffer, a licensed real estate broker and banker from Wagner, South Dakota, about selling some land…