LININGER v. BLACK HILLS GREYHOUND RACING ASS'N

No. 10304.

149 N.W.2d 413 (1967)

Gilbert I. LININGER and Herbert T. Young, Plaintiffs and Respondents, v. BLACK HILLS GREYHOUND RACING ASSOCIATION, OF PENNINGTON COUNTY, SOUTH DAKOTA, Defendant and Appellant.

Supreme Court of South Dakota.

March 21, 1967.


Attorney(s) appearing for the Case

Roswell Bottum, Rapid City, for plaintiffs and respondents.

Joseph M. Butler, Bangs, McCullen, Butler & Foye, Rapid City, for defendant and appellant.


BIEGELMEIER, Judge.

Defendant executed a written Option for plaintiffs to purchase real estate; plaintiffs gave notice of election to exercise the Option and later tendered and deposited the purchase price in a bank. Defendant declined to complete the sale and in the action to compel specific performance the trial court granted the relief sought. Defendant appeals.

The Option required the election to purchase to be signified by written notice served at the...

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