Huwe v. Mourton

BURCH,. J.

This case is before us on rehearing. The opinion. originally filed is reported -in 48 S. D. 205, 203 N. W. 457. In closing the opinion this language is used:

“In this action plaintiff has tendered full performance of his part of the contract both in his complaint and in his proof. He had brought his deed and abstract and. deposited them in the court. No question is raised that these papers show any defect in plaintiff’s title. Having offered to perform and tendered perfect title, he is entitled to specific performance.”

*589Appellant urges, in his motion for ■ rehearing that the evidence…