Steensland v. Noel
South Dakota Supreme Court
Appeal from Circuit Court, Lincoln County. Hon. Joseph W. Jones, Judge. Action by John Steensland against Frank Noel. From a judgment in favor of defendant, plaintiff appeals. There must be allegation, proof and findings that damages are not an adequate remedy to permit the court to grant a decree of specific performance of an oral contract of sale of real property.
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Appeal from Circuit Court, Lincoln County. Hon. Joseph W. Jones, Judge. Action by John Steensland against Frank Noel. From a judgment in favor of defendant, plaintiff appeals. There must be allegation, proof and findings that damages are not an adequate remedy to permit the court to grant a decree of specific performance of an oral contract of sale of real property. Herzog v. Railway Co., 153 Cal. 496; Flood v. Templeton, 148 Cal. 374; Stettmacher v. Bruder, 95 N. W. 324; Jacobs v.. Railway Co., 8 Cushing, 223; Burns v. Daggett, 141 Mass. 368; Purcell v. Miner, 4 Wallace, 513-517; Kelsey v.…
1Opinion of the CourtSmith, J.
Appeal from the circuit court of Lincoln county. Action for possession of a quarter section of farm land in Lincoln county of which plaintiff claims to be the owner in fee simple and entitled to possession. The complaint alleges that on or about the 1st day of March, 1909, plaintiff was in possession of said land, and that on or about that date defendant went into possession thereof under an oral lease from plaintiff, for the peidod of one year, upon agreed terms as his tenant; that on or about April 30, 1909, defendant served upon plaintiff a written notice that he claimed possession of said…
2Cases cited18 opinions
- Ide v. LeiserMontana Supreme Court · 1890
- Baumann v. . PinckneyNew York Court of Appeals · 1890
- Christiansen v. AldrichMontana Supreme Court · 1904
- Goldberg v. Sisseton Loan & Title Co.South Dakota Supreme Court · 1909
- In re McClellan's EstateSouth Dakota Supreme Court · 1906
13 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- City of Sioux Falls v. Henry Carlson Co.South Dakota Supreme Court · 1977
- Boekelheide v. SnyderSouth Dakota Supreme Court · 1947
- In Re Daly's EstateSouth Dakota Supreme Court · 1932
- Botsford Lumber Co. v. SchriverSouth Dakota Supreme Court · 1925
- Crawford v. CarterSouth Dakota Supreme Court · 1952
13 more not listed; retrieve them via the Exa API.