Brakhage v. Tracy
South Dakota Supreme Court
Appeal from circuit court, Day county. Hon. A. W. Campbell, Judge. Suit by Dorretta Brakhage against Michael Tracy to enforce specific performance of a contract. Decree for plaintiff, and defendant appeals.
1Opinion of the CourtFuller, P. J.
It appears from the record presented by this appeal from a judgment enforcing a contract to sell real property that prior to the exedution of the contract in suit one of identical import existed between appellant and Fred B-rakhage, the husband of respondent, covering the same premises. Subsequent to the date of the first contract, and while the husband, with his family, was occupying the land by virtue thereof, he built a dwelling house thereon at an expense of $1,350, which was destroyed by fire about five months after respondent had, by the contract made a basis of this action, assumed the…
2Cases cited2 opinions
- Williams v. LilleySupreme Court of Connecticut · 1895
- Allyn v. AllynMassachusetts Supreme Judicial Court · 1891
3Cited by6 opinions
- Brady v. WelshSupreme Court of Iowa · 1925
- Gillingham v. PhelpsWashington Supreme Court · 1940
- Russell v. ElliottSouth Dakota Supreme Court · 1922
- Canavan v. ColemanSupreme Court of Iowa · 1927
- Chapline v. North American Acceptance Corp.Court of Appeals of Arizona · 1976
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