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HOLIDA v. CHICAGO AND NORTHWESTERN TRANSP.

No. 15221.

398 N.W.2d 742 (1986)

Harold R. HOLIDA and Mary E. Holida, Plaintiffs and Appellees, v. CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY, and Donald Merrill, Defendants and Appellants.

Supreme Court of South Dakota.

Decided December 30, 1986.

Attorney(s) appearing for the Case

Leroy E. Wegener, Salem, for plaintiffs and appellees.

Michael E. Unke, Salem, for defendants and appellants.

MORGAN, Justice.

Defendant, Donald Merrill (Merrill), appeals from a judgment of the trial court voiding a land sale agreement wherein Merrill purchased property in Canistota, South Dakota, from the Chicago and Northwestern Transportation Company (Company). We affirm.

In June of 1985, Company quitclaimed to Merrill approximately four and one-half acres of its property in Canistota. This property is bounded on the northeast by Warehouse Street.

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