12 S.D. 511 | S.D. | 1900
A trial of this action to enforce specific performance of an oral agreement to convey real property, alleged to have been made by and between plaintiff and Ransom Rathbone, a short time prior to his death, resulted in a judgment requiring appellant, as the administrator of the estate of the said Ransom Rathbone, deceased, to execute and deliver to plaintiff a deed of the premises described in the complaint, and from such judgment this appeal was taken. We think the undisputed evidence concerning the agreement reasonably justifies the following facts, found by the court as a basis for its conclusions of law, in conformity with which the decree was entered: “First. That on or about the 18th day of October, 1897, at Belle Fourche, in the county of Butte, State, of South Dakota, Ransom Rathbone. now deceased, made and entered into an oral agreement with the plaintiff, Melissa E. Lothrop,
As mere payment of the consideration is not generally sufficient performance to take a parol agreement for the purchase of land out of the statute of frauds, the nature of this transaction, as well as the relation of the parties, demands careful consideration. It was clearly shown that Rathbone was aged, and suffering from a complication of diseases, by which he was rendered utterly helpless, and.by reason of which it was extremely arduous to bestow the care that his