BOURK v. ISEMAN MOBILE HOMES, ETC.

No. 13350.

316 N.W.2d 343 (1982)

Harriet J. BOURK and Neil Huckfeldt, Plaintiffs and Appellants, v. ISEMAN MOBILE HOMES, DIVISION OF U. S. INDUSTRIES, INC., and Windsor Mobile Homes, Inc., Defendants and Appellees.

Supreme Court of South Dakota.

Decided February 24, 1982.


Attorney(s) appearing for the Case

Charles M. Thompson of May, Adam, Gerdes & Thompson, Pierre, for appellants.

Robert C. Riter, Sr. of Riter, Mayer, Hofer & Riter, Pierre, for appellees, Windsor Mobile Homes.

David R. Nelson, Sioux Falls, for appellees, Iseman Mobile Homes, Division of U. S. Industries, Inc.


FOSHEIM, Justice.

Harriet Bourk and Neil Huckfeldt (appellants) purchased a Windsor mobile home from Iseman Mobile Homes (Iseman) of Pierre, South Dakota. Appellants subsequently sued Iseman and the manufacturer of the mobile home, Windsor Mobile Homes, Inc. (Windsor), alleging in Count I breach of warranty and in Count II fraud through misrepresentation. Appellants sought actual and exemplary damages. The trial court granted the Defendants' motion for summary judgment...

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