Johnson v. Olberg
South Dakota Supreme Court
Appeal from Circuit Court, Roberts County. Hon. Frank: McNulty, Judge. Action by Andrew Johnson against Neis K. Olberg and others, for rescission of an executory contract of sale of realty, and to recover back purchase money paid thereunder. From a judgment for defendants, dismissing the action, plaintiff appeals.
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Appeal from Circuit Court, Roberts County. Hon. Frank: McNulty, Judge. Action by Andrew Johnson against Neis K. Olberg and others, for rescission of an executory contract of sale of realty, and to recover back purchase money paid thereunder. From a judgment for defendants, dismissing the action, plaintiff appeals. The convej'unce, to the Union Investment Company, by the defendants, by warranty deed, without the knowledge or consent of the plaintiff constituted such a rescission or breach as to entitle the plaintiff to the purchase money paid on said contract. Speer v. Phillips, 123 N. W. 722;…
1Opinion of the CourtPoleey, J.
[1] On the nth day of October, 1910, the plaintiff and the defendants entered into a contract for the sale of a quarter section of land in Roberts county. The plaintiff paid defendants $200 on the execution of the contract, agreed to pay *348$1,800 on the ist day of November, 1910, and $500 on the ist day of November of each and every year thereafter until and including the year 1920, amounting in all to the sum of $7,000. Defendants agreed that upon final payment they would execute and deliver to the plaintiff a warranty deed, conveying the said land to the plaintiff in fee simple, free and…
2Cases cited13 opinions
- Shively v. Semi-Tropic Land & Water Co.California Supreme Court · 1893
- Joyce v. ShaferCalifornia Supreme Court · 1893
- Kicks v. State BankNorth Dakota Supreme Court · 1904
- Webb v. StephensonWashington Supreme Court · 1895
- Atkinson v. ScottMichigan Supreme Court · 1877
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3Cited by3 opinions
- Hawkins v. StoffersWyoming Supreme Court · 1929
- Battersby v. GillespieNorth Dakota Supreme Court · 1928
- Hawkins v. StoffersWyoming Supreme Court · 1929