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RASCHKE v. DeGRAFF

No. 10146.

134 N.W.2d 294 (1965)

Gaylord F. RASCHKE, Plaintiff and Appellant, v. Matilda E. DeGRAFF and William J. Holland, Defendants and Respondents.

Supreme Court of South Dakota.

April 9, 1965.

Attorney(s) appearing for the Case

Loucks, Oviatt & Bradshaw, Watertown, for plaintiff and appellant.

Beardsley, Stover & Osheim, Watertown, William J. Holland, Sisseton, for defendants and respondents.

HANSON, Judge.

This is an action for the specific performance of a stipulated agreement releasing a garnishment action. Defendants answered and moved to dismiss the complaint on the ground of res judicata. The motion was granted and the plaintiff, Gaylord F. Raschke, appeals.

The defendant, Matilda E. DeGraff, owner of certain real property in the City of Watertown entered into a contract to sell the property to plaintiff for the sum of $26,000. Because of...

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