COOK v. REZEK

No. 11640.

237 N.W.2d 18 (1975)

Ted COOK, Plaintiff and Appellant, v. John REZEK, Defendant and Respondent.

Supreme Court of South Dakota.

Decided December 19, 1975.

Rehearing Denied January 23, 1976.


Attorney(s) appearing for the Case

Morgan & Fuller, Mitchell, for plaintiff and appellant.

Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and respondent.


DUNN, Chief Justice.

The Circuit Court for the First Judicial Circuit, after trial to the court, denied plaintiff's request for specific performance of a real estate contract. This appeal claims the court erred in not finding (1) that a binding contract existed, and (2) that the breach complained of by the defendant did not warrant the court's denial of specific performance. We reverse.

For the most part the facts are not in dispute. Sometime in 1970 or 1971...

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