Kroeger v. Warren
South Dakota Supreme Court
Appeal from Circuit Court, Moody County. Hon. Joseph W. Jones, Judge. Action by Elica E. Kroeger against E. A. Warren, as administrator of the estate of Edward E. 'Smith, deceased, and others, for specific performance of an alleged contract -of decedent to convey realty. From a" judgment for defendants, plaintiff appeals. The court finds that the performance of the contract as claimed by plaintiff was complete on plaintiff’s part in every respect.
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Appeal from Circuit Court, Moody County. Hon. Joseph W. Jones, Judge. Action by Elica E. Kroeger against E. A. Warren, as administrator of the estate of Edward E. 'Smith, deceased, and others, for specific performance of an alleged contract -of decedent to convey realty. From a" judgment for defendants, plaintiff appeals. The court finds that the performance of the contract as claimed by plaintiff was complete on plaintiff’s part in every respect. This fact points unmistakably and unerringly to the agreement or promise as the inducement for such performance,- and cannot be accounted for'in…
1Opinion of the CourtMcCOY, J.
There were findings of fact, conclusions of law, and judgment in favor of defendant, from which plaintiff appeals, PlaintifE claims that one Edward F. iSmith was about the 1st day of May, 1911, the owner of certain real property situated in Flandreau; that said 'Smith was a man without family and in ill *482health, suffering from some loathsome disease which caused his death on about the 3d day of June, 1911; that on the 1st day of May plaintiff and said Smith entered into an oral contract, whereby plaintiff agreed to taire said Smith into her family and to personally nurse and care for him, and…
2Cited by3 opinions
- Rhode v. FarupSouth Dakota Supreme Court · 1940
- Walsh v. FitzgeraldSouth Dakota Supreme Court · 1941
- Crilly v. MorrisSouth Dakota Supreme Court · 1945