Axtell v. Muller
South Dakota Supreme Court
Appeal from Circuit Court, Moody County. Hon. John T. Msdin, Judge. Action by E. K. Axtell, against Peter Muller, to enforce specific performance of an alleged contract for sale of land. Erom a judgment for plaintiff, and from an order denying a new trial, plaintiff appeals. Appellant cited: iSec. 836, Code 1919; Wharton v. Talbert (S. C.) 63 S. E. 1056; case note to Spriger v. City Bank & Trust Co. (Colo.) 1917 A. Ann.
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Appeal from Circuit Court, Moody County. Hon. John T. Msdin, Judge. Action by E. K. Axtell, against Peter Muller, to enforce specific performance of an alleged contract for sale of land. Erom a judgment for plaintiff, and from an order denying a new trial, plaintiff appeals. Appellant cited: iSec. 836, Code 1919; Wharton v. Talbert (S. C.) 63 S. E. 1056; case note to Spriger v. City Bank & Trust Co. (Colo.) 1917 A. Ann. Cts., page 524; White v. Breen (Ala.,) 32 L. R. A- 127; Browne Stat. of Erauds, Sec. 345a. Respondent cited: Richty v. D’agert (S. D.) 121 N. W. 862.
1Opinion of the Court
McOOY, J..
Action for specific performance of an alleged contract for sale of land. The complaint alleged the making of a *221contract and breach thereof. The answer denied the making of the contract and pleaded the statute of frauds. Findings and judgment were in favor of defendant, and plaintiff appeals.
The assignments of error present for consideration the questions of the- sufficiency of the evidence to sustain the findings and ■-the sufficiency of findings to sustain the judgment. The vital .finding hy the trial court was:
“That the plaintiff and defendant did not enter into any contract or…
2Cases cited5 opinions
- Brandrup v. BrittenNorth Dakota Supreme Court · 1903
- Watters v. DanceySouth Dakota Supreme Court · 1909
- Hickox v. BaconSouth Dakota Supreme Court · 1903
- Lewis v. JonesSouth Dakota Supreme Court · 1920
- Purkey v. HardingSouth Dakota Supreme Court · 1909
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