Edmison v. Zborowski

Citations

• 9 S.D. 40
• 68 N.W. 288
• 1896 S.D. LEXIS 127

Syllabus

<p>1. Defendant authorized Y. to negotiate with plaintiff for the purchase of real estate, and he submitted to plaintiff a writing dictated by defendant, and signed “Y., Agent for” defendant, offering to pay a certain amount for the property; plaintiff to furnish a complete abstract of title “to be approved by me,” showing the property clear of incumbrances or clouds; plaintiff to give possession on or before September 10th. Plaintiff accepted the offer, and procured, and, at defendant’s request, delivered for examation to defendant’s attorney, an abstract, which was returned the evening of September' 9th, though examination had been completed several days before, with numerous objections thereto, and further objections September 10th, with notice that, unless an abstract showing title free from all reasonable doubt was furnished that day, the offer would end. Y. approved of the abstract September 10th, and on the same day plaintiff presented to defendant the abstract and a deed, and offered to give possession that day, and forthwith to remove all objections to the abstract, and, at time of payment of purchase money, to discharge a mortgage, release of which plaintiff had ready to go on record, or to allow defendant to retain enough of the purchase price to satisfy all liens till the same were removed, which was to be done immediately, without cost to the defendant, as soon as the proper entries on the records and abstracts could be made. Held, that plaintiff was entitled to a decree for specific performance, requiring him, however, to furnish satisfactory title.</p> <p>2. A wife who joins in an acceptance of an offer for her husband’s property, and in a deed tendered to the person making the offer, is not a necessary party plaintiff in an action for specific performance.</p>