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DOW v. NOBLE

Nos. 14660, 14670.

380 N.W.2d 359 (1986)

Charles DOW, a/k/a Charles D. Dow, Plaintiff and Appellee, v. Gerald NOBLE and Janet Noble, Defendants and Appellants.

Supreme Court of South Dakota.

Decided January 15, 1986.

Rehearing Denied February 18, 1986.

Attorney(s) appearing for the Case

Roy A. Wise of Richardson, Groseclose, Kornmann, Wyly, Wise & Klinkel, Aberdeen, for plaintiff and appellee.

Thomas M. Tobin of Maynes, Tonner, Maynes & Tobin, Aberdeen, for defendants and appellants.

MORGAN, Justice.

This is an action for foreclosure of a real estate contract under the provisions of SDCL ch. 21-50. The trial court entered judgment for the vendor, Charles Dow (Dow), and against vendees Gerald and Janet Noble (Nobles), cancelling and annulling the contract unless Nobles paid Dow the sum of $297,000 plus interest and attorney fees to be taxed by the court, costs to be taxed by the clerk. The judgment provided...

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