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DOLAN v. HUDSON

No. 10416.

156 N.W.2d 78 (1968)

Raymond B. DOLAN and M. Theresa Dolan, Plaintiffs and Respondents, v. Douglas M. HUDSON and Arlene E. Hudson, Defendants and Appellants. Douglas M. HUDSON and Arlene E. Hudson, Cross-Complainants and Appellants, v. Raymond B. DOLAN, M. Theresa Dolan and Pfeifer-Drake & Dodge Company, Defendants under the Cross-Complaint and Respondents.

Supreme Court of South Dakota.

Rehearing Granted April 11, 1968.

Attorney(s) appearing for the Case

Jones & Matthews, E. G. Jones, Sioux Falls, for defendants and appellants.

May, Boe & Johnson, Sioux Falls, for plaintiffs and respondents.

HANSON, Presiding Judge.

Plaintiffs, Raymond B. Dolan and wife, as owners and sellers brought this action for specific performance of a contract to sell residential property against Douglas M. Hudson and wife, defendants and buyers. Defendants answered alleging principally that the purchase agreement was not specifically enforceable because: Their assent was given under a mistake of fact; their assent was obtained by unfair practice; the purchase agreement is ambiguous...

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