15 S.D. 154 | S.D. | 1901
This is an action by the plaintiff to enforce the specific performance of a contract for the sale of a lot in the town of Wilmot. Findings and judgment rendered in favor of the defendants, and plaintiff appeals.
It appears from the record in this case that the plaintiff was in possession of the lot at the time of the alleged sale, and that he had a building on a portion of the lot at the time of the contract. After the alleged agreement he excavated a cellar about eight feet square and six feet deep, and moved a building occupied by him further over onto the lot. The court finds, among other things, that in October, 1898, the defendant Plotner “entered into a parol agreement to sell said premises for the price of $175, and that at said time the plaintiff paid to the defendant $10 as a part of the agreed purchase price of said premises; that on or about the 26th day of December, 1898, the plaintiff was to make a further payment on the purchase price of said premises, at which time the defendant Thomas M. Plotner was to convey said premises to the plaintiff, and the plaintiff was to execute to the said defendant such security for the deferred payments as might at said time be agreed upon between the parties; that the nature of the security, the kind of conveyance, the amount of deferred payments of the balance of the purchase price of the premises, and the time when the same should become due, were to be agreed upon between the parties when the said further payment was
In the view we have taken of this case, it is not necessary to discuss the question relating to the exclusion of evidence tending to prove the payment of taxes and the improvements made upon the lot by the plaintiff.
We are of the opinion that the court was right in its conclusions of law, and that the judgment and order denying a new trial should be affirmed, and the same are affirmed.