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PREHEIM v. ORTMAN

No. 13848.

331 N.W.2d 62 (1983)

Kirk W. PREHEIM and Anita J. Preheim, Plaintiffs and Appellants, v. Arlan W. ORTMAN and Marlo W. Ortman, Defendants and Appellees.

Supreme Court of South Dakota.

Decided March 9, 1983.

Attorney(s) appearing for the Case

Donna K. Dietrich of Blackburn & Stevens, Yankton, for plaintiffs and appellants; John P. Blackburn of Blackburn & Stevens, Yankton, on brief.

David V. Vrooman, Sioux Falls, for defendants and appellees.

HENDERSON, Justice.

ACTION

Appellants, vendors, brought an action for damages in the amount of $115,108.75 based upon breach of contract. A complaint was filed on August 28, 1981. Appellees, vendees, answered and set up affirmative defenses on December 11, 1981. Affidavits were filed, discovery was conducted and on January 6, 1982, appellees moved for summary judgment. A hearing was conducted on March 22, 1982. On April 12, 1982, the trial court issued a...

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