Chambers v. Roseland
South Dakota Supreme Court
Appeal from Circuit Court, Faulk County. Hon. Loring E. GaRRy, Judge. Action by C. B. Chambers against Martin Roseland. From a judgment for defendant, plaintiff appeals.'
1Opinion of the CourtFuller, P. J.
The purpose of this action was to obtain judgment for the specific performance of the following written instrument: “$25.00. Faulkton, Jan. 15, 1902. Received of C. B. Chambers twenty-five dollars on purchase price of $400.00 cash for the N. W. of Sec. 30-117-71; M. Roseland to furnish warrantee deed & clear abstract & sale to be completed in 30 days or this contract is forfeited. C. B. Chambers to- receive $25 com. on the same. (Signed) Martin Roseland.” Taking the view that the foregoing is a mere option which was forfeited by the failure of plaintiff to pay, or offer .to pay, the balance…
2Cases cited1 opinion
- Meyer Land Co. v. PecorSouth Dakota Supreme Court · 1904
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