McDONALD v. MINERS & MERCHANTS BANK, INC.

No. 13268.

310 N.W.2d 591 (1981)

Al McDONALD, Plaintiff and Appellant, v. MINERS & MERCHANTS BANK, INC., Defendant and Appellee.

Supreme Court of South Dakota.

Decided September 30, 1981.

Rehearing Denied November 6, 1981.


Attorney(s) appearing for the Case

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

Robert A. Amundson of Amundson & Fuller, Lead, for defendant and appellee; Roger Tellinghuisen of Amundson & Fuller, Lead, on brief.


WOLLMAN, Chief Justice.

Appellant sought damages from appellee for breach of a purchase agreement. In its amended answer and counterclaim, appellee asked that the agreement be rescinded because consent to the agreement was based on a mistake of fact. The trial court found for appellee and entered judgment rescinding the purchase agreement. We reverse and remand.

Appellee is a banking corporation with its principal place of business at Lead, South Dakota. On...

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