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MIDDLETON v. KLINGLER

No. 15538.

410 N.W.2d 184 (1987)

Joe M. MIDDLETON and Susan M. Middleton, Plaintiffs and Appellees, v. E. Boyd KLINGLER and Norman E. Durr, Defendants and Appellants.

Supreme Court of South Dakota.

Decided July 29, 1987.

Attorney(s) appearing for the Case

Richard A. Pluimer, Thomas E. Carr, on the brief, of Carr & Pluimer, P.C., Belle Fourche, for plaintiffs and appellees.

Harlan A. Schmidt, Spearfish, for defendants and appellants.

WUEST, Chief Justice.

The sellers brought an action for the breach of two contracts for deeds seeking specific performance, damages and foreclosure of the contracts. The circuit court granted sellers' motion for summary judgment, and entered a judgment and decree of specific performance. Buyers appeal and we affirm.

The dispute centers on the effect of the default provisions in the two contracts for deeds between...

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