Johnson v. Olson

The plaintiff seeks specific performance of a contract of adoption. The trial court found that the alleged contract was never made, and entered judgment for defendant. Plaintiff has appealed.

Error is predicated upon the refusal of the trial court to hear and determine plaintiff’s application for a new trial. The application was grounded upon surprise and insufficiency of the evidence to justify the findings of the court. As will appear from the opinion in Johnson v. Olson, 70 S. D. 348, 17 N. W.2d 697, the trial court erroneously concluded that the aplication was untimely and that it was…