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SCHMIDT v. PINE LAWN MEMORIAL PARK, INC.

No. 12333.

278 N.W.2d 180 (1979)

Barbara Susanne SCHMIDT and Angela E. McConville, Plaintiffs and Appellants, v. PINE LAWN MEMORIAL PARK, INC., and American Memorial Parks, Inc., Defendants and Respondents and Mark V. Meierhenry (successor in office to William J. Janklow), Attorney General of South Dakota, representing the members of Pine Lawn Memorial Park, Inc., a Charitable Trust, Third-Party Respondent.

Supreme Court of South Dakota.

Decided April 19, 1979.

Attorney(s) appearing for the Case

Patrick H. Lacey, Sioux Falls, for plaintiffs and appellants; Louis K. Freiberg, Rapid City, Harlan A. Schmidt, Spearfish, on brief.

George A. Bangs of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and respondent Pine Lawn Memorial Park, Inc.

R. C. Riter of Riter, Mayer, Hofer & Riter, Pierre, for defendant and respondent American Memorial Park, Inc.

Donald D. Foreman, Asst. Atty. Gen., Pierre, for third-party respondent; William J. Janklow, Atty. Gen., Pierre, on brief.

DUNN, Justice (on reassignment).

This case involves an action for specific performance of a contract for the sale of real property. Plaintiffs Schmidt and McConville appeal from a judgment denying specific performance on the contract, vesting title to the real property in Pine Lawn Memorial Park, Inc. (Pine Lawn), and awarding a money judgment against plaintiff McConville. We affirm in part and reverse in part.

Plaintiffs are successors in interest to W. G...

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