DRAKE v. SAMPLE

No. 12159.

279 N.W.2d 685 (1979)

Dale E. DRAKE and Shirley Drake, Plaintiffs and Respondents, v. Ernest SAMPLE and Carrie Sample, Defendants and Appellants.

Supreme Court of South Dakota.

Decided June 7, 1979.

Rehearing Denied July 13, 1979.


Attorney(s) appearing for the Case

Irving A. Hinderaker of Austin, Hinderaker & Hackett, Watertown, for plaintiffs and respondents.

Dale E. Bradshaw of Loucks, Oviatt, Bradshaw, Green & Schulz, Watertown, for defendants and appellants.


DUNN, Justice (on reassignment).

This case involves an action brought by Dale and Shirley Drake for a declaratory judgment seeking a declaration of the rights of the parties under an alleged oral agreement, which was supported by written memoranda, with Ernest and Carrie Sample for the sale of real property. The Samples pled the statute of frauds and rescission prior to acceptance as defenses. The trial court found in favor...

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