Townsend v. Kennedy
South Dakota Supreme Court
Appeal from circuit court, Hughes county. Hon. H. G. Fuller, Judge. Action to enforce specific performance of a contract for the purchase of land. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. In an action for specific performance an allegation of title at the time of the sale is a necessary averment and a material allegation in the complaint. Abbotts Form § 5590; 5 Sanford Oh. 72; 2 Sanford Oh. 96; Kellogg v. Church, 4 How.
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Appeal from circuit court, Hughes county. Hon. H. G. Fuller, Judge. Action to enforce specific performance of a contract for the purchase of land. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. In an action for specific performance an allegation of title at the time of the sale is a necessary averment and a material allegation in the complaint. Abbotts Form § 5590; 5 Sanford Oh. 72; 2 Sanford Oh. 96; Kellogg v. Church, 4 How. Pr. 339; 19 Abbott’s Pr. 288; Thompson v. Railroad, 45 N. Y. 474; Abbott’s Trial Evi. 727; 52 How. Proc. 190; 16 Abbott Prac. 133;…
1Opinion of the CourtCorson, P. J.
On February 7, 1890, Johnson & Sutherland, two real-estate agents of Pierre, signed and delivered to one Howard, as agent of the defendant and appellant, a memorandum agreement which is as follows: ‘‘Received of Chas. B. Kennedy, by C. W. Howard, $100, to apply on the purchase of lots, as per list attached, in Wells 2nd addition to the city of Pierre, according to the recorded plat thereof. Price, three thousand. Terms, one-third cash, viz.: $1,000 cash on delivery of deed, and abstract of title. Balance as follows, to-wit, $1,000 in one year, $1,000 in two years, at 8 per cent. Deed to be…
2Cases cited13 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Wills v. RossIndiana Supreme Court · 1881
- Clason v. BaileyCourt for the Trial of Impeachments and Correction of Errors · 1817
- Davis v. ShieldsNew York Supreme Court · 1841
- Roehl v. HaumesserIndiana Supreme Court · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Doney v. LaughlinIndiana Court of Appeals · 1911
- Staab v. SkoglundSouth Dakota Supreme Court · 1975
- Thomas J. Baird Inv. Co. v. HarrisCourt of Appeals for the Eighth Circuit · 1913
- Aamot v. EneboeSouth Dakota Supreme Court · 1984
- Drake v. SampleSouth Dakota Supreme Court · 1979
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