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WOLKEN v. WADE

No. 15294.

406 N.W.2d 720 (1987)

Fred A. WOLKEN, Carol L. Wolken, and Daniel L. Wolken, Plaintiffs and Appellees, v. Leslie L. WADE and Idella S. Wade, Defendants and Appellants.

Supreme Court of South Dakota.

Decided May 27, 1987.

Attorney(s) appearing for the Case

A.P. Fuller of Amundson, Fuller & Delaney, Lead, for plaintiffs and appellees.

Gerald M. Baldwin of Baldwin & Kelley, Custer, for defendants and appellants.

ZINTER, Circuit Judge.

This is an appeal from a judgment allowing rescission of an Offer and Agreement to Purchase (Agreement) real estate. Fred, Carol, and Daniel Wolken (Wolkens), appellees-vendees, commenced this action seeking a return of their earnest money from Leslie and Idella Wade (Wades), appellants-vendors. The trial court held that the Agreement was void ab initio due to mistake and prospective failure of consideration relating to title defects...

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