Johnson v. Plotner
South Dakota Supreme Court
Appeal from circuit court, Roberts county. Hon. A. W. Campbell, Judge. Action by Jonas Johnson against Thomas M. Plotner and another, to enforce the specific performance of a contract for the sale of certain realty. Where part of the purchase price is paid and possession taken and improvements made, the contract is not within the statute of frauds, and specific performance thereof may be denied.
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Appeal from circuit court, Roberts county. Hon. A. W. Campbell, Judge. Action by Jonas Johnson against Thomas M. Plotner and another, to enforce the specific performance of a contract for the sale of certain realty. Where part of the purchase price is paid and possession taken and improvements made, the contract is not within the statute of frauds, and specific performance thereof may be denied. A purchaser of the vendor while the vendee is in notorious possession takes subject to rights of the vendee and is charged with knowledge of such rights. Morrison v. Trainor, 65 N. W. 444; Lipp v.…
1Opinion of the CourtCorson, J.
This is an action by the plaintiff to enforce the specific performance of a contract for the sale of a lot in the town of Wilmot. Findings and judgment rendered in favor of the defendants, and plaintiff appeals.
It appears from the record in this case that the plaintiff was in possession of the lot at the time of the alleged sale, and that he had a building on a portion of the lot at the time of the contract. After the alleged agreement he excavated a cellar about eight feet square and six feet deep, and moved a building occupied by him further over onto the lot. The court finds, among other…
2Cases cited10 opinions
- Mayer v. . McCreeryNew York Court of Appeals · 1890
- Williams v. StewartSupreme Court of Minnesota · 1879
- Nelson v. KellySupreme Court of Alabama · 1890
- Magee v. McManusCalifornia Supreme Court · 1886
- Schmeling v. KrieselWisconsin Supreme Court · 1878
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3Cited by6 opinions
- Skjoldal v. MyrenSouth Dakota Supreme Court · 1971
- Phelan v. NearySouth Dakota Supreme Court · 1908
- Meyer Land Co. v. PecorSouth Dakota Supreme Court · 1904
- McCauley v. SchatzleyIndiana Court of Appeals · 1909
- Phillips v. SwensonSouth Dakota Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.