HALVORSON v. BIRKLAND

No. 10590.

171 N.W.2d 77 (1969)

Elvin E. HALVORSON and Beverly J. Halvorson, Plaintiffs and Appellants, v. Joseph O. BIRKLAND, Defendant and Respondent.

Supreme Court of South Dakota.

Rehearing Denied November 12, 1969.


Attorney(s) appearing for the Case

Morris Myers, Aberdeen, for plaintiffs and appellants.

George J. Rice, Aberdeen, for defendant and respondent.


HANSON, Judge.

This litigation stems from the sale of the "Lone Pine Trailer Court" in Aberdeen on July 22, 1964 to plaintiffs, Elvin and Beverly Halvorson, by the defendant, Joseph O. Birkland. On June 12, 1967 plaintiffs commenced an action, designated as Civ. 67-176, seeking a declaration of rights under the contract for sale; a judgment for payments made under the contract in the amount of $12,300; and for $5,440 damages for alleged breach of the contract. On...

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