Pirrung v. Blankenburg

I regret that I am unable to agree with my associates. It seems to me the principles involved in this case are of such vital importance to real estate transactions in this state that the issues ought to be squarely met and decided. I think this action was maintained on the theory of the holding in Hauert v. Kaufman, 45 S. D. 132, 186 N. W. 555, to' the effect that if one give notice of cancellation of a contract for failure to' make payments as agreed, under a provision of the contract that a cancellation may be declared for such cause, without first tendering a deed, so as to put the…