Sundback v. Gilbert

Citations

• 8 S.D. 359
• 66 N.W. 941
• 1896 S.D. LEXIS 53

Syllabus

<p>1. An .allegation in a petition that the parties entered into a contract will he taken on demurrer to mean a legal contract, and one in writing, where that is essential to its validity.</p> <p>2. A petition for the specific enforcement of a contract hy which 'defendant agreed to convey certain land to plaintiff is not demurrable because it fails to describe other land which was to be conveyed by plaintiff to defendant in part payment, where it alleges that plaintiff has fully performed on his part.</p> <p>(Syllabus hy the Court.</p>