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GEBHART v. HUFFMAN

No. 13648.

326 N.W.2d 891 (1982)

Robert H. GEBHART and Lois V. Gebhart, Plaintiffs and Appellees, v. S. Paul HUFFMAN and Gwendolyn A. Huffman, Defendants and Appellants.

Supreme Court of South Dakota.

Decided December 1, 1982.

Attorney(s) appearing for the Case

Donald J. Coleman, Dupree, for plaintiffs and appellees.

Andrew Aberle of Aberle & Arendt, Timber Lake, for defendants and appellants.

FOSHEIM, Chief Justice.

On June 9, 1979, S. Paul Huffman and Gwendolyn A. Huffman (appellants) and Robert H. Gebhart and Lois V. Gebhart (appellees) entered into a "Lease and Option to Purchase" agreement. Appellants took possession pursuant to that agreement, and on September 10, 1979, a strong wind totally destroyed two buildings on the premises. Appellee's complaint claimed damages based on the insurance requirements of the written contract. Judgment was entered...

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