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ORR v. ALLEN

Nos. 9131, 9132.

45 N.W.2d 737 (1951)

ORR v. ALLEN et al. (two cases).

Supreme Court of South Dakota.

Rehearing Denied February 24, 1951.

Attorney(s) appearing for the Case

W. W. French, Louis B. French, Yankton, for William H. Allen and others.

Ray E. Post, Tyndall, Frank Biegelmeier, Yankton, for Frank Orr.

RUDOLPH, Judge.

This appeal concerns a contract for the sale of real property wherein Frank Orr is the seller and William H. Allen the purchaser. Three questions are presented. First, should the contract be cancelled or rescission granted as contended by plaintiff? Second, should specific performance be decreed as contended by defendant? Third, are defendants Means and Leach bona fide purchasers for value of the property...

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