Legal Opinion

Middleton v. Klingler

South Dakota Supreme Court

Decided July 29, 1987No. 15538PublishedCited by 10 opinions

1Opinion of the Court

*185WUEST, Chief Justice.

The sellers brought an action for the breach of two contracts for deeds seeking specific performance, damages and foreclosure of the contracts. The circuit court granted sellers’ motion for summary judgment, and entered a judgment and decree of specific performance. Buyers appeal and we affirm.

The dispute centers on the effect of the default provisions in the two contracts for deeds between the parties. The default provisions of the contracts were identical and provided as follows:

Time is of the essence of this agreement, and should the Buyers default in any way in making…

2Cases cited6 opinions

  1. Maytag Company v. AlwardSupreme Court of Iowa · 1962
  2. Eberle v. McKeownSouth Dakota Supreme Court · 1968
  3. Bedell v. SteeleSouth Dakota Supreme Court · 1947
  4. Buhl v. BakSouth Dakota Supreme Court · 1987
  5. Lonas v. Metropolitan Mortgage and Securities Co.Alaska Supreme Court · 1967

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Pesicka v. PesickaSouth Dakota Supreme Court · 2000
  2. BankWest, N.A. v. GrosecloseSouth Dakota Supreme Court · 1995
  3. Chamberlain Livestock Auction, Inc. v. PennerSouth Dakota Supreme Court · 1990
  4. Shawmut Bank Connecticut v. Connecticut Limousine Service, Inc.Connecticut Appellate Court · 1996
  5. Burgi v. East Winds Court, Inc.South Dakota Supreme Court · 2022

5 more not listed; retrieve them via the Exa API.

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