Hanschka v. Vodopich
South Dakota Supreme Court
Appeal from Circuit Court, Lawrence County. Lion. W. G. Ríes, Judge. Action by Edward Hanschka against Matt Vodopich and another. From a judgment for defendants, plaintiff appeals. Time is never considered as of the essence of a contract, unless by its terms expressly so provided. Rev. Civ.
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Appeal from Circuit Court, Lawrence County. Lion. W. G. Ríes, Judge. Action by Edward Hanschka against Matt Vodopich and another. From a judgment for defendants, plaintiff appeals. Time is never considered as of the essence of a contract, unless by its terms expressly so provided. Rev. Civ. Code, § 12671 Strunk v. Smith, 8 S. D. 411; Cheney v. Libbey, 134 U. S. 68. Where time is not of the essence of an agreement and is not made so by an offer to perform, a vendor is allowed reasonable time to perfect his title; if not so perfected a vendee may rescind and recover the part of the purchase…
1Opinion of the CourtCorson, J.
This is an action to enforce specific performance of an option contract or, in case the property could not be conveyed, for a judgment for $11,500 oaid by the plaintiff on account of the contract. Findings and judgment being in favor of the defendant, the plaintiff has appealed.
The original option contract between the parties was entered into in January, 1901, and for which the sum of $3,000 was paid by the plaintiff to the defendants. This contract, however, was superseded on March 20th, by a new contract, the material parts of which are as follows: “Whereas, Edward Harischka, * * * party of…
2Cases cited20 opinions
- Lawrence v. . MillerNew York Court of Appeals · 1881
- Waterman v. BanksSupreme Court of the United States · 1892
- Kelsey v. CrowtherSupreme Court of the United States · 1896
- Merk v. Bowery Mining Co.Montana Supreme Court · 1904
- Fargusson v. TalcottNorth Dakota Supreme Court · 1897
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3Cited by5 opinions
- Skoglund v. StaabSouth Dakota Supreme Court · 1981
- Moore v. KellySupreme Court of Oklahoma · 1916
- Pfeiffer v. NormanNorth Dakota Supreme Court · 1911
- Crowley v. Texaco, Inc.South Dakota Supreme Court · 1981
- Crowley v. Texaco, Inc.South Dakota Supreme Court · 1981