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BATCHELOR v. EMERY

No. 9411.

71 N.W.2d 615 (1955)

Elmer BATCHELOR and Elizabeth Batchelor, Plaintiffs and Respondents, v. Clarence EMERY, Defendant and Appellant.

Supreme Court of South Dakota.

August 3, 1955.

Attorney(s) appearing for the Case

M. Q. Sharpe, John W. Larson, Kennebec, for plaintiffs and respondents.

C. E. Talbott, Winner, G. F. Johnson, Gregory, for defendant and appellant.

RUDOLPH, Judge.

The plaintiff seeks to have a certain land contract cancelled and the rights and equities of the parties determined. The defendant by answer asks for specific performance of the contract. The trial court by judgment cancelled the contract and defendant has appealed.

Defendant presented no testimony. The basis upon which the trial court decreed cancellation of the contract was the failure of defendant...

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