Smith v. Johnson

This is an action brought to enforce the specific performance of a contract for the sale and purchase of a certain tract of patented land, together with an 80-acre desert *565land filing- afid a. certain water right. The plaintiff is the vendor. This cause was before this court upon an appeal from, a former trial had in the circuit court, and) our decision will be found reported in (Smith v. Johnson, 30 S. D. 200, 138 N. W. 18. Reference is made to such decison for a statement of the terms of the contract. This court granted a new trial, and the present appeal is from a judgment rendered upon…