181 N.W. 358 | S.D. | 1921
This action was commenced in the circuit court of Brookings county to enforce specific performance of a certain contract relating to the sale of certain' real estate. The action was tried and findings and judgment decreeing specific performance were made and entered in favor of plaintiff and against defendants, from which' judgment defendants appealed, and: which appeal involving the merits of the action, is now pending before this court. The respondent, plaintiff below, while said' appeal is still pending and undisposed of, now 'brings on, by order to show cause, this motion: to be permitted to file and serve a supplemental complaint, alleging an additional cause of action sounding in damages arising out of and in connection with the same transaction in relation to the sale of said! land under said contract.
The motion, to be permitted to file and serve supplemental complaint is therefore denied.