Legal Opinion

Van Abel v. Wemmering

South Dakota Supreme Court

Decided August 7, 1915No. File No. 3769PublishedCited by 1 opinion

Appeal from- Circuit Court, Hyde Countjc Hon. John F. Hughes, Judge. Action by Johin Van Abel against G. F. Wemmering, to recover damages upon a contract for sale of land. From- a judgment for plaintiff, and from an order denying a new trial, defendant appeals.

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Appeal from- Circuit Court, Hyde Countjc Hon. John F. Hughes, Judge. Action by Johin Van Abel against G. F. Wemmering, to recover damages upon a contract for sale of land. From- a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Upon the appeal, an order to show cause was entered by the Court, upon affidavit of respondent’s attorney, why certain alleged redundant matter embraced in assignments of error in appellant’s brief should not be stricken out as surplusage; the order being returnable on the calendar date for oral argument on the merits. (1) Under point…

1Opinion of the CourtGates, J.

In a cause of the same title this court, in an opinion appearing in 33 S. D. 544, 146 N. W. 697, 'held that the giving of a mortgage upon the property by the vendor after the time fixed for the performance of the contract of purchase and sale deprived the vendor of his remedy of specific performance of the contract. The amended complaint in that action contained two causes of action — one for the reformation of the contract by changing the township number in the description of the land from 113 to 112; the other for a specific performance of the reformed contract. This court in concluding its…

2Cases cited4 opinions

  1. Van Abel v. WemmeringSouth Dakota Supreme Court · 1914
  2. Castle v. GleasonSouth Dakota Supreme Court · 1913
  3. Steere v. GingerySouth Dakota Supreme Court · 1909
  4. Castle v. GleasonSouth Dakota Supreme Court · 1915

3Cited by1 opinion

  1. Van Abel v. WemmeringSouth Dakota Supreme Court · 1918

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