Lothrop v. Marble
South Dakota Supreme Court
Appeal from circuit court, Butte county. Hon. JosephB. Moore, Judge. Bill by Melissa E. Lothrop against Arthur H. Marble, administrator of Ransom Rathbone, deceased for specific performance of a contract. From a judgment for plaintiff, defendant appeals.
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Appeal from circuit court, Butte county. Hon. JosephB. Moore, Judge. Bill by Melissa E. Lothrop against Arthur H. Marble, administrator of Ransom Rathbone, deceased for specific performance of a contract. From a judgment for plaintiff, defendant appeals. The conversation between the plaintiff and defendant’s intestate cannot be construed to constitute such a contract as would entitle plaintiff to a specific performance, and as no possession was ever taken by plaintiff the contract if made was within the statute of frauds. Baldwin v. Squires, 1 Pac. 591; Quinn v. Quinn, 58 N. W. 80S; Link v.…
1Opinion of the CourtPuller, P. J.
A trial of this action to enforce specific performance of an oral agreement to convey real property, alleged to have been made by and between plaintiff and Ransom Rathbone, a short time prior to his death, resulted in a judgment requiring appellant, as the administrator of the estate of the said Ransom Rathbone, deceased, to execute and deliver to plaintiff a deed of the premises described in the complaint, and from such judgment this appeal was taken. We think the undisputed evidence concerning the agreement reasonably justifies the following facts, found by the court as a basis for its…
2Cases cited7 opinions
- Kofka v. RosickyNebraska Supreme Court · 1894
- Sutton v. HaydenSupreme Court of Missouri · 1876
- Brinton ex rel. Pavey v. Van CottUtah Supreme Court · 1893
- Twiss v. GeorgeMichigan Supreme Court · 1876
- Godine v. KiddNew York Supreme Court · 1892
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3Cited by14 opinions
- Selle v. SelleSupreme Court of Missouri · 1935
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- Woods v. DunnOregon Supreme Court · 1916
- McCullough v. McCulloughWashington Supreme Court · 1929
- Velikanje v. DickmanWashington Supreme Court · 1917
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