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SCHMIDT v. WILDCAT CAVE, INC.

No. 11714.

261 N.W.2d 114 (1977)

Harlan A. SCHMIDT and Earl J. Schmidt, Plaintiffs and Appellants, v. WILDCAT CAVE, INC., Defendant and Respondent.

Supreme Court of South Dakota.

December 21, 1977.

Attorney(s) appearing for the Case

Harlan A. Schmidt pro se.

Gordon Verne Goodsell, Rapid City, for plaintiff and appellant Earl J. Schmidt.

Terrance J. Crow, Hill City, for defendant and respondent.

ZASTROW, Justice (on reassignment).

From a verdict and judgment for defendant-seller (Wildcat Cave, Inc.) denying damages in an action for deceit and from an order denying a new trial, plaintiffs-purchasers (Schmidts) appeal. We affirm.

On March 31, 1973, Wildcat Cave, Inc. contracted to sell certain real and personal property to the Schmidts. The real property consisted of an 1.65-acre lot and an 80-acre tract of land on which a tourist attraction known as...

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