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AUNE v. BRENEMAN

Nos. 9262, 9263.

52 N.W.2d 483 (1952)

AUNE v. BRENEMAN et al. (two cases).

Supreme Court of South Dakota.

March 17, 1952.

Attorney(s) appearing for the Case

Danforth & Danforth, Sioux Falls, for Aune.

John Carl Mundt, Sioux Falls, for Fred M. and E. O. Breneman.

SICKEL, Presiding Judge.

Ole Aune, owner of a residence property in Sioux Falls, sold it on an executory contract to Fred M. Breneman and Elvina O. Breneman on January 12, 1949. The consideration was $7,000, payable $2,300 in cash and the balance on March 1st, 1949. The purchasers took possession at the time of the execution of the contract. After default in the March 1st payment the purchasers commenced an action to rescind the contract on the ground of fraud and...

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