Steinmetz v. Porter
South Dakota Supreme Court
Appeal from Circuit Court, Grant County; Ho-n. Frank Anderson, Judge. Action by John W. Steinmetz against one Clements F. Porter. From a judgment for plaintiff and an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Grant County; Ho-n. Frank Anderson, Judge. Action by John W. Steinmetz against one Clements F. Porter. From a judgment for plaintiff and an order denying a new trial, defendant appeals. Appellant cited: Smith v. Lawrence, 15 Mich. 499; Phelan v. Neary, 22 S. D. 265, 117 N. W. 142; Miahon v. Leech, 90 N. W. 810; Eshleman v. Henrietta'Vineyard Company, 36 Pac. 775; Requa v. Snow, 76 Cal. 59b, 18 Pac. 862; O’Donnell v. Jackson, 69 Cal. 622, 11 Pac. 251; Fowler v, Sutherland, 68 Cal. 414, 9 Pac. 674; Dukes v. Baugh, 91 Ga. 33, 16 S. E. 219; Bauer v. Lunahi Coal Co., 209…
1Opinion of the CourtGates, J.
This is an action to enforce specific performance of a contract for the sale of real estate entered into. May 31, 1897, between the seller, Almos Owaykiduta, an Indian, and this plaintiff, the purchaser. This contract was before us in Porter v. Steinmetz, 37 S. D. 488, 159 N. W. 39, where we held that at the time of making said contract there was no valid restriction' upon the alienation or incumbrance of the land by the above-named Indian. In that opinion the date on which, the deferred payment was to be made by the purchaser erroneously appears as April 29, 1898, while in this appeal such,…
2Cases cited1 opinion
- Porter v. SteinmetzSouth Dakota Supreme Court · 1916