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BROOKS, INC. v. BROOKS

No. 10875.

201 N.W.2d 128 (1972)

BROOKS, INC., Plaintiff and Appellant, v. Elma I. BROOKS and Elma I. Brooks and Paul S. Heide, as Co-Executors of the Estate of Daniel F. Brooks, Deceased, Defendants and Respondents.

Supreme Court of South Dakota.

October 3, 1972.

Attorney(s) appearing for the Case

Boyce, Murphy, McDowell, & Greenfield, Sioux Falls, for plaintiff and appellant.

Willy, Pruitt & Matthews, Sioux Falls, for defendants and respondents.

WOLLMAN, Judge.

This is an appeal from a judgment of the circuit court of Minnehaha County dismissing plaintiff's action to reform a deed and to enforce an agreement for the sale of certain real property.

Sometime during the 1920's, Daniel F. Brooks and David A. Brooks, brothers, began to operate a farm machinery business as equal partners in Sioux Falls, South Dakota. In 1940, the two brothers purchased from the...

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