Tossini v. Donahue
South Dakota Supreme Court
Appeal from Circuit /'Count, Minnehaha County. Hon. Joseph W. JONBs, Judge. Bill by Joseph Toissini against Daniel Donahoe and others. Fijom a judgment reforming a contract for the conveyance of real estate and granting specific performance of the contract as reformed, plaintiff appeals.
1Opinion of the CourtCorson, J.
This is an appeal by the plaintiff from a judgment and order denying a new trial. The action was instituted to enforce the specific performance of a written contract entered int,o between the plaintiff and the defendant, and the complaint is in the usual form.
The defendant in his answer to the plaintiffs complaint admits that he and the defendant executed the contract set forth in the complaint, but he “alleges that at and prior ¡to the time of signing of said contract the said defendant not only owned the land mentioned and 'described therein, but also 'owned a portion of the Big Sioux river…
2Cases cited10 opinions
- Pitcher v. . HennesseyNew York Court of Appeals · 1872
- Bottorff v. LewisSupreme Court of Iowa · 1903
- Chicago & Eastern Illinois Railroad v. HayIllinois Supreme Court · 1887
- Meyer v. . LathropNew York Court of Appeals · 1878
- Holdsworth v. TuckerMassachusetts Supreme Judicial Court · 1887
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3Cited by1 opinion
- Riggs Land Co. v. MotleySouth Dakota Supreme Court · 1910