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BEATTY v. DEPUE

No. 9795.

103 N.W.2d 187 (1960)

Mary D. BEATTY, Ernest D. Beatty and F. J. Breslin, Plaintiffs and Appellants, v. Ralph A. DEPUE and Dorothy M. Depue, Defendants and Respondents.

Supreme Court of South Dakota.

Rehearing Denied June 15, 1960.

Attorney(s) appearing for the Case

Whiting, Lynn, Freiberg & Shultz, Rapid City, for plaintiffs and appellants.

T. R. Lehnert and Bangs, McCullen & Butler, Rapid City, for defendants and respondents.

RENTTO, Judge.

This litigation grows out of a contract for deed entered into on April 2, 1956 under which the plaintiffs agreed to convey to the defendants a mountain acreage about eight miles west of Custer, South Dakota, generally referred to as the Bellemare Ranch. The defendants made the payment required on the execution of the contract and went into possession of the premises, after which they made the payment due May 1. Subsequently they discovered that three...

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