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FARMERS COOPERATIVE COMPANY v. BROWN

No. 11211.

214 N.W.2d 89 (1974)

FARMERS COOPERATIVE COMPANY OF BROOKINGS, South Dakota, Plaintiff and Appellant, v. Rodney BROWN, Defendant, and Norton Biery, Defendant and Respondent.

Supreme Court of South Dakota.

January 18, 1974.

Attorney(s) appearing for the Case

Alan F. Glover Law Firm, Brookings, for plaintiff and appellant.

Lester H. Herbrandson, Estelline, for defendant and respondent Norton Biery.

WINANS, Justice.

Prior to November 1969 the respondent, Norton Biery, was the title holder of record of a parcel of real estate located in the city of White in Brookings County, South Dakota. On November 5, 1969 he entered into a contract with Rodney Brown purporting to sell the parcel for the sum of $400, but Brown subsequently failed to complete the transaction.

Brown erected a building on the premises in November and December of 1969. While in the process...

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