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HEIKKILA v. CARVER

No. 15726.

416 N.W.2d 593 (1987)

Howard HEIKKILA, a/k/a Howard L. Heikkila, and Reino Heikkila, a/k/a Reino W. Heikkila, Plaintiffs/Appellees, v. Russell CARVER and Norma Carver, Defendants/Appellants.

Supreme Court of South Dakota.

Decided December 16, 1987.

Attorney(s) appearing for the Case

Max Main of Bennett and Main, Belle Fourche, for plaintiffs and appellees; Donn Bennett of Bennett and Main Belle Fourche, and James S. Nelson, Rapid City, and Deming Smith of Davenport, Evans, Hurwitz & Smith, Sioux Falls, on brief.

John J. Delaney of Banks, Johnson, Johnson, Colbath & Huffman, Rapid City, for defendants and appellants.

WUEST, Chief Justice.

This is an appeal from a declaratory judgment concerning the rights and obligations of the parties under an arbitration provision in a contract for deed. We affirm in part and reverse in part.

Howard and Reino Heikkila (Heikkilas) owned a 5,920 acre ranch in Harding County, South Dakota. In 1971, they entered into an oil and gas lease with Inland Oil & Gas Corporation that covered 1,840 acres on the ranch. The granting clause provided...

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