Armstrong v. Hellwig

In this action plaintiff sought strict foreclosure of a contract for deed under SDC 37.31. The defenant interposed an answer and a counterclaim. By way of defense, the answer alleged that the plaintiff failed to tender an abstract showing merchantable title. The counterclaim sought specific performance. The court entered judgment for defendant dismissing the complaint, and awarding specific performance with a deduction of $150 from the agreed purchase price as the estimated cost 'of an action to quiet the title. Plaintiff has appealed.

The controversy is over the effect of a deed in…