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JENSEN v. WEYRENS

No. 17224.

474 N.W.2d 261 (1991)

Larry JENSEN, Plaintiff and Appellant, v. John J. WEYRENS and Catherine J. Weyrens, Defendants, Third-Party Plaintiffs and Appellees, v. Dennis S. GROSS and Reynolds Realty and Insurance Company, Third-Party Defendants and Appellees.

Supreme Court of South Dakota.

Reassigned June 4, 1991.

July 31, 1991.

Attorney(s) appearing for the Case

William E. Coester, Milbank, for plaintiff and appellant.

Nancy J. Turbak, Watertown, for defendants, third-party plaintiffs and appellees Weyrens.

Raymond M. Schutz of Siegel, Barnett & Schutz, Aberdeen, for third-party defendant and appellee Gross.

T.F. Martin of McCann, Martin & McCann, Brookings, for Gilbert, Hinsvark & Saltee.

MILLER, Chief Justice (on reassignment).

A contract-for-deed purchaser brought suit against seller because of an unresolved boundary dispute. The circuit court ordered specific performance after a court-ordered survey resolved the boundary dispute. Purchaser appeals the trial court's allocation of the survey cost, denial of attorney fees and failure to set off purchaser's claimed damages against his contract obligations. We affirm.

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