Korte v. O'Neill
South Dakota Supreme Court
Appeal -from Circuit Court, Brown County. Hon. Carr G. Sherwood, Judge. Action 'by 'Sarah R. Korte and another against Laura M. O’Neill and others, for 'reformation of a written agreement for conveyance of realty, and for specific performance of s-uch covenants. From a decree in favor of plaintiffs, and from an order denying a new trial, defendants appeal. (1) Under point one of the opinion, Appellants cited: 2 Kent, 511, 12th Ed.; Hamilton v. Ogee, 62 Pac. 710; 4 Am. & Eng.
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Appeal -from Circuit Court, Brown County. Hon. Carr G. Sherwood, Judge. Action 'by 'Sarah R. Korte and another against Laura M. O’Neill and others, for 'reformation of a written agreement for conveyance of realty, and for specific performance of s-uch covenants. From a decree in favor of plaintiffs, and from an order denying a new trial, defendants appeal. (1) Under point one of the opinion, Appellants cited: 2 Kent, 511, 12th Ed.; Hamilton v. Ogee, 62 Pac. 710; 4 Am. & Eng. Ency. Law, 759, 802; Hollenbeck v. Prior (Dak.), 40 N. W. 347; Brandon v. Ledd.y (Cal.), 7 Pac. 33; 3 Wash. Real Prop.…
1Opinion of the CourtWhiting, J.
Plaintiffs, in their complaint, sought the reformation of a written agreement wherein defendants covenanted to convey real property to them; they also sought the specific performance of such covenants. Trial was had to the court without a jury; findings and conclusions — finding that through mutual mistake the writing did not express the agreement of the parties and that the same should be reformed to express such agreement and, as so reformed, should he enforced, — were, entered; judgment was ren-reded in conformity with such findings; motion for new trial was denied; and defendants appealed…
2Cases cited17 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Pitcher v. . HennesseyNew York Court of Appeals · 1872
- Rector, Etc. v. . TeedNew York Court of Appeals · 1890
- Preble v. AbrahamsCalifornia Supreme Court · 1891
- Blount v. WheelerMassachusetts Supreme Judicial Court · 1908
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3Cited by5 opinions
- Essington v. BucheleSouth Dakota Supreme Court · 1962
- Ewing v. WaddingtonSouth Dakota Supreme Court · 1933
- Estate of La Fleur v. La FleurSouth Dakota Supreme Court · 1974
- Lake County v. Orland Twp.South Dakota Supreme Court · 1931
- Peterson v. CussonsSouth Dakota Supreme Court · 1935