Habeck v. Sampson

WOLLMAN, Justice.

This case is here on appeal for the second time. In the first appeal, we reversed and remanded for the purpose of giving defendants an opportunity to establish whatever defenses were available to them by calling their own witnesses. Habeck v. Sampson, 87 S.D. 73, 202 N.W.2d 868. After retrial, as in the first case, judgment was entered in favor of plaintiffs decreeing specific performance of the property in question. Defendants have appealed from that judgment.

At the first trial, plaintiff’s case consisted of the testimony of the defendants, who were called -as adverse…