J. I. Case Threshing Mach. Co. v. Farnsworth
South Dakota Supreme Court
Appeal from Circuit Court, Sully County. Hon. L,yuan T. Boucher, Judge. Action by the J. I. Case Threshing Machine Company against Teresa M. 'Farnsworth. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals.
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Appeal from Circuit Court, Sully County. Hon. L,yuan T. Boucher, Judge. Action by the J. I. Case Threshing Machine Company against Teresa M. 'Farnsworth. From a judgment for defendant, and from an order denying a new trial, plaintiff appeals. Where all of the vendee’s engagements have been promptly fulfilled, and the final payments made or tendered, the vendor cannot refuse to make a deed, as required by the contract, on the ground that the vendee assigned the contract without his consent, contrary to express stipulation. Such a stipulation ceases to operate when all of the vendee’s…
1Opinion of the CourtHaney, J.
This is an action to enforce the specific .performance of two contracts in writing relating to real property. The appeal is by the plaintiff from a judgment in favor of the defendant and from an order denying plaintiff's application for a new trial.
*436On March 30, 1908, the defendant and one W. H. Fuller executed two contracts, in each of which the defendant agreed to convey to the latter, by warranty deed, a fee-simple title to a quarter section of land in Sully county, subject to a mortgage thereon, upon payment of certain specified sums on or before certain specified dates, with interest at…
2Cases cited5 opinions
- Montgomery v. De PicotCalifornia Supreme Court · 1908
- Pier v. LeeSouth Dakota Supreme Court · 1901
- Brown v. MungerSupreme Court of Minnesota · 1890
- Keator v. FergusonSouth Dakota Supreme Court · 1906
- Ross v. PageNorth Dakota Supreme Court · 1903
3Cited by8 opinions
- Renner v. CrismanSouth Dakota Supreme Court · 1964
- American Federal Savings & Loan Ass'n of Madison v. Mid-America Service Corp.South Dakota Supreme Court · 1983
- Hartman v. WoodSouth Dakota Supreme Court · 1989
- Endres v. WarrinerSouth Dakota Supreme Court · 1981
- Kern v. KelnerNorth Dakota Supreme Court · 1951
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