158 N.W. 406 | S.D. | 1916
Plaintiff sought ithe specific performance of a contract wherein the defendant had contracted to convey to him certain real property. Findings and judgment were for plaintiff, and this appeal is from such judgment and from an order denying a new trial.
The facts ais found by the trial -court are, in substance, as follows: On September 4, 1912, defendant was the owner of the north half of lot 10 and all of the adjoining lot 9 in a certain block in Watertown), S. D.; the said property having situate thereon a dwelling house, barn, and garage. On said date the parties 'hereto entered into a contract whereby plaintiff agreed to purchase, and defendant agreed to: sell, the whole of said real estate for the gross sum- of $3,600; plaintiff agreeing to pay $100 in cash, to- give a note for $500 due on or before October 1, 1912, and to: -pay the balance of $3,000 in- cash 011 or before Qoto-ber 1, 19-12. The -deed was to be delivered upon the payment of the full amount of $3,600. The $100 in -cash was paid and the $500 note given. On or about October 1st, -the time for payment of the note and the.$3,000 was extended a few days. On October 4, 1912, the defendant delivered possession of the property to plaintiff, who- entered thereupon and has with his wife and children at all times thereafter occupied the -same as his home. On October 9, 1912, plaintiff paid $3,ooo- ¡in -cash; defendant surrendered the'1 $500 note; plaintiff gave to- -defendant a note covering- $200 of the purchase money, which note was due March 1, 1913; and defendant gav-e to plaintiff a deed -conveying the said tract of land with the exception of the north half of lot 9. It -was mutually agreed that, up-00 the payment of said $200 evidenced by said note and the remaining $300 — which $300 could be paid any time on -or before- October 9, 1915, without interest — the defendant would convey the- remainder of said land, to -the plaintiff, meanwhile retaining -the title thereto: until suda payments were' made. Upon the north half of s-aid lot 9 is situated a garage. Said half of lot 9 together with -the -building thereon is a valuable and integral- -part of- said premises, -and- its value is from one-fourth to -one-third that of the whole .premises. In August, 1913, plaintiff tendered to- -defendant the balance of the purchase price — -being the amount due on said note above mentioned together with the $300 — andl -demanded deed to -the- remainder -of sai-d premises. The 'said tender was thereafter kept good ■by a proper deposit of the amount tendered -and, upon the institution o-f this action, iby bringing the same -into court. The contract
Appellant has an assignment to the effect that the “findings are against the law.” We are at a loss to understand what is meant by such language, as, from the very nature of. things, a finding neither rests upon nor involves any question of law. Questions of law are involved* in the offer and receipt of evidence, but a determination of what facts are established by the evidence received involves no questions of law.
The judgment and order appealed from are affirmed.