Van Abel v. Wemmering
South Dakota Supreme Court
Appeal from Circuit Court, Hyde County. Hon. John E. Hughes, Judge. Action by John Van Abel, against G. F. Wemimeriinig, for damages foiq -breach of -a realty sale contract, amcl for reformation of said contract. From a judgment for plaintiff, and from an order denying a new trial, 'defendant appeals. (1) To point one of the opinion, Appellant -cited: Huntly v. Holt, 59 Gem. 102, 21 Am. St. Rpit. 71.
1Opinion of the CourtGates, J.
[1] Reference is made to 33 S. D. 544, 146 N. W. 697, and 36 S. D. 31, 153 N. W. 911, fear an understanding of the present appeal. A judgment in am action for reformation -of a contract for the sale of lands and for specific performance thereof w'as vacated by this court.- 33 S. D. 544, 146 N. W. 697. In said opinion the effect of the decision was expressly limited to the matter of' specific performance. The judgment of this court, and- -the judgment directed by this court to be entered in the trial court, in tha't -case would be res judicata as against another action for specific…
2Cases cited2 opinions
- Van Abel v. WemmeringSouth Dakota Supreme Court · 1914
- Van Abel v. WemmeringSouth Dakota Supreme Court · 1915