STERN v. WESNER

No. 15015.

395 N.W.2d 585 (1986)

Wesley STERN and Sylvia Stern, Plaintiffs and Appellants, v. Enid WESNER, Gerharter Realtors, Better Homes & Gardens, Vernon Gerharter, Norbert Schllecht and Bernie Kopecky, Defendants and Appellees.

Supreme Court of South Dakota.

Decided October 22, 1986.


Attorney(s) appearing for the Case

Thomas A. Kolker of Maloney, Kolker, Fritz, Hogan & Johnson, Ipswich, for plaintiffs and appellants.

R.G. Gross, Ipswich, for defendant and appellee Enid Wesner.

David L. Ganje, Aberdeen, for defendants and appellees Gerharter Realtors, Better Homes & Gardens, and Vernon Gerharter.

Philo Hall of Siegel, Barnett & Schultz, Aberdeen, for defendant and appellee Norbert Schlecht.

Joe L. Maynes of Maynes & Gerdes, Aberdeen, for defendant and appellee Bernie Kopecky.


MORGAN, Justice.

Plaintiffs Wesley and Sylvia Stern (Sterns) appeal from an order of the trial court granting summary judgment in favor of defendants Enid Wesner (Wesner), Gerharter Realtors, Vernon Gerharter (Gerharter), Norbert Schlecht (Schlecht), and Bernie Kopecky (Kopecky) on Sterns' action for specific performance of a real estate contract. We reverse.

In April of 1983, Wesner signed a Farm Listing Agreement...

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