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MUNDERLOH v. SEASTROM

Nos. 11868, 11904.

270 N.W.2d 377 (1978)

Henry MUNDERLOH, Plaintiff, Respondent in # 11868, and Appellant in # 11904, v. Oscar SEASTROM, Helen Seastrom, Bryce D. Nelson and Betty Nelson, Defendants and Third-Party Plaintiffs, Respondents in # 11868 and # 11904, v. Sylvester M. SIMON and June M. Simon, Third-Party Defendants, Appellants in # 11868, and Respondents in # 11904.

Supreme Court of South Dakota.

September 28, 1978.

Attorney(s) appearing for the Case

Robert W. Gunderson of Gunderson, Farrar, Aldrich, Warder, DeMersseman & Johnson, Rapid City, for plaintiff, respondent in No. 11868, and appellant in No. 11904.

Jeffrey W. Davis of Sieler, Sieler & Trimble, Rapid City, for defendants and third-party plaintiffs, respondents in Nos. 11868 and 11904.

James T. Goetz and Robert W. Hirsch of Goetz, Hirsch, Haar & Klimisch, Yankton, for third-party defendants, appellants in No. 11868, and respondents in No. 11904.

WOLLMAN, Chief Justice.

This complex breach of contract action arises out of a three party real estate transaction. In 1972, third party defendants, Sylvester and June Simon (the Simons), owned approximately four thousand acres of Potter County farmland. For several years they had contemplated exchanging their farm for a ranch in the Black Hills area that their son could manage more easily. Early in 1972, the Simons engaged a Mobridge real estate agent to sell their...

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