Smith v. Johnson
South Dakota Supreme Court
Appeal from Circuit Court, Custer County. Hon. Levi McGEE, Judge. Action by William M. Smith against Erland B. Johnson, for specific performance of a contract of sale of land and for damages. From a judgment in favor of plaintiff and an order denying a new trial, defendant appeals. The defendant answers, setting up that the description of •the property is so indefinite, uncertain and defective that plaintiff’s action for specific performance cannot be maintained.
Read the full summary
Appeal from Circuit Court, Custer County. Hon. Levi McGEE, Judge. Action by William M. Smith against Erland B. Johnson, for specific performance of a contract of sale of land and for damages. From a judgment in favor of plaintiff and an order denying a new trial, defendant appeals. The defendant answers, setting up that the description of •the property is so indefinite, uncertain and defective that plaintiff’s action for specific performance cannot be maintained. Also defendant alleges that the lands are properly described as lots 2, 3 and 4 of Section 30 and not as the West y>¿ of Section…
1Opinion of the CourtSmith, J.
Appeal from the circuit court of Custer county. Action for specific performance of a contract for -the sale of real property and to recover damages. Trial to the court. Findings and judgment in favor of plaintiff. Defendant appeals from the judgment and from an order overruling motion for >a new trial.
The following portions of the written contract are material to-the questions presented on this appeal: “Witnesseth: That the party of the first part (Smith) for the consideration of $500.00 to him in hand paid, hereby agrees to sell to, deliver and convey to the party of the second part…
2Cases cited5 opinions
- Ford v. FordSouth Dakota Supreme Court · 1910
- Miller v. WaySouth Dakota Supreme Court · 1894
- Grimsrud Shoe Co. v. JacksonSouth Dakota Supreme Court · 1908
- Small v. ElliottSouth Dakota Supreme Court · 1900
- Heffelman v. Otsego Water-power Co.Michigan Supreme Court · 1889
3Cited by3 opinions
- State ex rel. Williams v. Probate Court of Lyon CountySupreme Court of Minnesota · 1918
- Taylor v. NissenSouth Dakota Supreme Court · 1931
- Smith v. JohnsonSouth Dakota Supreme Court · 1915