Johnson v. Sellers, 798 N.W.2d 690

Johnson sued Sellers for specific performance of a written real estate purchase; closing date was June 15, 2009.
Sellers was married to Green and in divorce proceedings; Green’s potential homestead rights affected conveyance.
Title commitment disclosed Sellers’ marriage and Green’s absence from title; initial public filings mischaracterized Sellers as single.
Sellers sought to delay closing; Green did not consent to the sale on June 15; later efforts aimed to obtain consent.
By August 4, 2009, title issues were resolved and closing could have occurred; Johnson sought to proceed despite prior waiver.
Circuit court found that Sellers waived the June 15 closing and ordered specific performance; Sellers appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the circuit court erred in granting summary judgment to Johnson	Johnson	Sellers	No; waiver/extension valid; performance possible.
Whether specific performance was an appropriate remedy	Johnson	Sellers	Yes; specific performance presumed for land sale contracts.

Endres v. Warriner, 307 N.W.2d 146 (S.D. 1981) (waiver of time for performance not contradicted by S.O.F.)
Speck v. Anderson, 318 N.W.2d 339 (S.D. 1982) (homestead rights; temporary nature of homestead exemption)
Brady v. Kreuger, 8 S.D. 464, 66 N.W.1085 (S.D. 1896) (homestead rights terminate on divorce decree; conveyance issues)
Spolek v. Hatch, 113 N.W. 75 (S.D. 1907) (notice/withdrawal of waiver; reasonable time to perform)
Vander Heide v. Boke Ranch, Inc., 736 N.W.2d 824 (S.D. 2007) (statute of frauds not bar to oral waiver of time for performance)
Rooney v. Dayton-Hudson Corp., 246 N.W.2d 170 (Minn. 1976) (oral stipulation extending time of payment; contract not altered)