LINDQUIST v. OMAHA REALTY, INC.

No. 11920.

247 N.W.2d 684 (1976)

Terry Dale LINDQUIST, Plaintiff and Respondent, v. OMAHA REALTY, INC., et al., Defendants and Appellants.

Supreme Court of South Dakota.

Decided December 16, 1976.


Attorney(s) appearing for the Case

George A. Bangs of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for plaintiff and respondent.

H. R. Jackson of Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, for defendants and appellants.


DUNN, Chief Justice.

This is a declaratory judgment action seeking to determine which of the parties is entitled to $65,000 presently in escrow. The Seventh Judicial Circuit granted relief to plaintiff. Defendants appealed. We affirm.

The facts were stipulated by the parties. On June 26, 1968, plaintiff and corporate defendant (later dissolved with assets passed to the Rypkemas, hereinafter defendants) entered an agreement leasing certain premises to plaintiff...

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