Burchfield v. Hageman
South Dakota Supreme Court
Appeal from Circuit Court, Jerauld County. Hon. Frank B. Smith, Judge. Action 'by J. M. Burchfield' against H. E- Hageman, to enforce forfeiture of part .payment of purchase money upon a contract for -sale of land, and for other relief; defendant counterclaiming. From a judgment for defendant, and from an order denying a new trial, plaintiff appeal's.
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Appeal from Circuit Court, Jerauld County. Hon. Frank B. Smith, Judge. Action 'by J. M. Burchfield' against H. E- Hageman, to enforce forfeiture of part .payment of purchase money upon a contract for -sale of land, and for other relief; defendant counterclaiming. From a judgment for defendant, and from an order denying a new trial, plaintiff appeal's. (i) Under point one of the opinion, Appellant submitted that: Both parties had waived the provision making- time of essence of the contract, and either could offer to- perform on his part and demand! performance by the other. It was error to…
1Opinion of the CourtWhiting, J.
Plaintiff and defendant entered into a contract, 'whereby plaintiff agreed to sell to defendant, and defendant 'agreed to purchase, two certain, quarter sections of land in Jerauld county, S. IX This contract was entered into in April, 3910, and -it .provided that a payment of $250 be made upon its ■execution, a payment of $1,750 on June 1, 1910, and the balance of the purchase price on March 1, 1911; that, -upon such final payment, a warranty deed be given vendee by vendor, and vendor furnish an abstract showing good and merchantable title; that time of the payments was the essence of said…
2Cases cited2 opinions
- Speer v. PhillipsSouth Dakota Supreme Court · 1909
- Van Abel v. WemmeringSouth Dakota Supreme Court · 1914
3Cited by3 opinions
- Portner v. TannerWyoming Supreme Court · 1923
- Hauert v. KaufmanSouth Dakota Supreme Court · 1926
- Pirrung v. BlankenburgSouth Dakota Supreme Court · 1930