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BAKER v. JEWELL

No. 9698.

96 N.W.2d 299 (1959)

Robert J. BAKER and Claude Potter, d/b/a Grandview Trailer Mart, Plaintiffs and Appellants, v. Melvin M. JEWELL and Rosemary Jewell, Defendants and Respondents.

Supreme Court of South Dakota.

April 29, 1959.

Attorney(s) appearing for the Case

Bangs, McCullen & Butler and Burnell Hendricksen, Rapid City, for plaintiffs and appellants.

William Rensch, Rapid City, for defendants and respondents.

RENTTO, Judge.

On or about December 4, 1956, the plaintiff Trailer Mart sold a house trailer to Mr. and Mrs. Jewell, the defendants above named, under a conditional sale contract. They made the down payment and three required monthly payments, after which they notified the Trailer Mart in writing that they had rescinded the contract because of breach of warranties. The Trailer Mart then instituted this action to recover possession of the property involved.

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