Evangelical Lutheran Joint Synod v. Flavin

In its complaint plaintiff prays that defendant’s contract to sell and convey certain vacant lots located in Rapid City to plaintiff be specifically enforced. By his answer defendant sought a judgment of strict fore closure of that contract. The trial court entered findings, conclusions and judgment for defendant foreclosing the contract and plaintiff has appealed.

From the brief of the defendant vendor we quote as follows: “We must bear in mind that in the case at bar neither of the parties are contending that their contract chad been terminated or that it is no longer in existence. Both the…