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VOELLER v. GEISLER

No. 9670.

86 N.W.2d 395 (1957)

Frank VOELLER, Plaintiff and Appellant, v. L. B. GEISLER and Jack J. Ganje, d.b.a. Geisler Land Company, Defendants and Respondents.

Supreme Court of South Dakota.

December 2, 1957.

Attorney(s) appearing for the Case

Charles E. Gorsuch, Aberdeen, for plaintiff and appellant.

Williamson & Schutz, Aberdeen, for defendants and respondents.

McCLASKEY, Circuit Judge.

Plaintiff is a farmer and defendants are real estate brokers at Aberdeen. The 640 acres of land in question was owned by Myrtle A. Treat and Emma L. Shephard who reside in Minnesota.

On January 6, 1955 plaintiff executed a written offer to buy the section at $32.50 per acre, for which he was to get a title free from encumbrance. He delivered the offer and $1,000 down payment to defendants who sent them to the owners in Minnesota....

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