Phelan v. Neary
South Dakota Supreme Court
Appeal from ’Circuit Court, Hyde County. Hon. Lyman T. Boucher, Judge. Suit by John Phelan against 'Maggie Neary to. specifically enforce a contract for -the sale of land. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals.
1Opinion of the CourtCorson, J.
This ¡action was instituted by th-e plaintiff to enforce the specific performance of an alleged contract'on the part of the defendant to sell to him a quarter section of land in Hyde county. The complaint is in ¡the usual form, and the defendant by her answer denied all -the allegations contained in the same, except the allegation that she is the owner in fee of the premises described in the complaint. Findings and .jirdgment being in favor of the defendant, the plaintiff has appealed.
Practically only .three- errors are assigned, ¡viz.: (x) That the court erred in excluding and striking out…
2Cases cited15 opinions
- Ringer v. HoltzclawSupreme Court of Missouri · 1892
- Boyd v. PaulSupreme Court of Missouri · 1894
- Federal Oil Co. v. Western Oil Co.Court of Appeals for the Seventh Circuit · 1902
- Dixon v. DixonCourt of Appeals of Maryland · 1901
- Los Angeles Immigration & Cooperative Ass'n v. PhillipsCalifornia Supreme Court · 1880
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Boekelheide v. SnyderSouth Dakota Supreme Court · 1947
- Amdahl v. LoweSouth Dakota Supreme Court · 1991
- Lamore Restaurant Group, LLC v. AkersSouth Dakota Supreme Court · 2008
- Aegerter v. HayesSouth Dakota Supreme Court · 1929
- Habeck v. SampsonSouth Dakota Supreme Court · 1974
6 more not listed; retrieve them via the Exa API.