Legal Opinion
Mitchell v. Morgan
South Dakota Supreme Court
Decided August 25, 1920No. File No. 4676PublishedCited by 1 opinion
Action by E. A. Mitchell, against John P. Morgan, and Herman Guik, for specific performance of a contract of sale of realty. From a judgment for plaintiff, and from an order denying a new trial, defendant Gulk appeals. Respondent cited: Smith v. Bingham, (Cal.) 28 L. R. A. (■N. S.) 522.
1Opinion of the CourtPolley, J.
This is an appeal from an order overruling a demurrer to the complaint. As between plaintiff and the defendant Morgan the action is for specific performance to sell real estate. After setting out the terms of the contract and defendant’s failure to comply therewith, the complaint contains the following paragraph:
“Plaintiff alleges upon information and belief that the defendant Herman Gulk claims or pretends to have some right or interest in or to the premises adversely to this plaintiff, but that such pretended claim- is subordinate and inferior to plaintiff’s rights and claims therein.”
To…
2Cited by1 opinion
- Mitchell v. MorganSouth Dakota Supreme Court · 1922