De Ford v. Hyde

Citations

• 10 S.D. 386
• 73 N.W. 265
• 1897 S.D. LEXIS 80

Syllabus

<p>Complaint to enforce contract of vendor, made as part of liis contract of sale, that he would repurchase at the end of two years, should the purchaser then desire to sell, sufficiently alleges title as against demurrer, by stating that plaintiff performed every condition of the contract on his part, and prior to commencement of action, on a certain day, duly tendered to defendant a warranty deed, in fee simple, duly executed; Comp, Laws, l 4927, providing that, in pleading performance of conditions precedent in a contract, it is enough to state generally that the party duly performed all the conditions on his part.</p>