Smith v. Shields

MISER, C.

Fo'r the former opinion- in this case see 56 S. D. 599, 230 N. W. 26. On May 21, 1919, appellant Shields agreed in writing, Exhibit 5, with one Rice to convey to him .a residence lot owned by her upon payment of $1,850 in monthly, installments of $15, and accrued interest. Later Rice assigned his interest in the contract for deed, Exhibit 5, to Frank C. Tenney, who assumed Rice’s obligation thereunder. On January 27, 1920, Tenney, as first party, entered into a written agreement with A. F. Hilts to assign to Hilts his interest in the premises. This agreement, Exhibit 7, recites that,…