Lines v. Potter
South Dakota Supreme Court
Appeal from Circuit -Court, Minnehaha County. Hion Joseph W. Jones, Judge. Action by Grant Lines against Dan B. Potter, as executor and trustee of the last will and testament of George H. Brace, deceased, to enforce specific performances of a 'written contract for sale of realty. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals.
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Appeal from Circuit -Court, Minnehaha County. Hion Joseph W. Jones, Judge. Action by Grant Lines against Dan B. Potter, as executor and trustee of the last will and testament of George H. Brace, deceased, to enforce specific performances of a 'written contract for sale of realty. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. (i To point one of the opinion, Respondent cited: 15 Ruling Case Law’, ’Sec. 18; 22 Cyc., p. 1530; Hornstein v. Cifuno, 86 Neb. 103. (5) To point five, Respondent cited: Warville on Vendors, Vol. 1, Sec. 180. (8) To point eight,…
1Opinion of the CourtWhiting, J.
This action was brought to enforce specific performance of a written contract for deed. This contract, dated February 19, 1917, /was prepared on a printed form, and, so falas the covenants for payment were concerned, it read:
“the said party of the second part hereby covenants and agrees to pay to the said party of the first part the ,sum of eighteen thousand two hundred ($18,200) dollars in the manner following: The sum of $500.00, at or before the execution of this contract; the sum of $17,700.00 on or before the 19th day of August, 1917, with interest at the rate of…
2Cases cited2 opinions
- O'Brien v. . YoungNew York Court of Appeals · 1884
- Couturie v. RoenschCourt of Appeals of Texas · 1911
3Cited by3 opinions
- Lund v. LarsenSupreme Court of Minnesota · 1946
- Allen v. MillerNorth Dakota Supreme Court · 1957
- Estate of La Fleur v. La FleurSouth Dakota Supreme Court · 1974