Russell v. Elliott
South Dakota Supreme Court
Appeal from Circuit -Court, Brown County. Hon. FRANK Anderson, Judge. Action b.y C. A. Russell, N. J. Lindgren, J. A. Burris, and Sam Catros, against J. A. Elliott, George Woods and W. H. Nelson, to compel specific performance of a contract to convey realty. From; a judgment for plaintiffs, and from an order denying a new trial, defendants appeal. (2) To point two of the opinion, Appellants -cited: White v. Gilman, 13-8 Cal. 375, 71 Pac. 436; May -on Insurance, 2nd Ed.
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Appeal from Circuit -Court, Brown County. Hon. FRANK Anderson, Judge. Action b.y C. A. Russell, N. J. Lindgren, J. A. Burris, and Sam Catros, against J. A. Elliott, George Woods and W. H. Nelson, to compel specific performance of a contract to convey realty. From; a judgment for plaintiffs, and from an order denying a new trial, defendants appeal. (2) To point two of the opinion, Appellants -cited: White v. Gilman, 13-8 Cal. 375, 71 Pac. 436; May -on Insurance, 2nd Ed. Sec. 450; Annotations to Williams v. Lilley, 37 L. R. A. 150. Respondents cited: Brakhage v. Tracy, 13 ;S. D. 343; 39 Cyc.…
1Opinion of the CourtPolley, J.
Action to compel specific performance of contract to convey real estate. Eindings of fact, conclusions of law, and judgment were in favor of plaintiffs, and defendants appeal.
The contract provided that upon compliance with certain conditions therein named the defendants Elliott and Woods would convey to plaintiffs Russell and Lingren, or to such persons as they might designate in writing within 90 days from the date of the contract. Abstracts of title were to be furnished and title to 'be approved b¡y the purchaser. The complaint alleges a full compliance or offer to comply iby plaintiffs…
2Cases cited9 opinions
- Wm. Skinner & Sons' Ship-Building & Dry-Dock Co. v. HoughtonCourt of Appeals of Maryland · 1900
- Peoples Street Ry. Co. v. SpencerSupreme Court of Pennsylvania · 1893
- Phinizy v. GuernseySupreme Court of Georgia · 1900
- Williams v. LilleySupreme Court of Connecticut · 1895
- Reed v. LukensSupreme Court of Pennsylvania · 1863
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Moran v. Kenai Towing and Salvage, Inc.Alaska Supreme Court · 1974
- Gunsch v. GunschNorth Dakota Supreme Court · 1955
- Heinzman v. HowardSouth Dakota Supreme Court · 1984
- Kelly v. Iowa Valley Mutual Insurance Ass'nSupreme Court of Iowa · 1983
- New Hampshire Insurance Co. v. VetterSouth Dakota Supreme Court · 1982
3 more not listed; retrieve them via the Exa API.