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DAHL v. SITTNER

No. 16018.

429 N.W.2d 458 (1988)

Dewey DAHL and Lavonne Dahl, Plaintiffs and Appellants. v. Peter SITTNER and Sittner Real Estate, Inc., Defendants and Appellees.

Supreme Court of South Dakota.

Decided September 14, 1988.

Attorney(s) appearing for the Case

Rodney C. Lefholz of Fousek, Lefholz & Mairose, Rapid City, Patrick M. Ginsbach of Farrell, Farrell & Ginsbach, Hot Springs, for plaintiffs and appellants.

Dale L. Morman of Morman, Smit, Shepard & Hughes, Sturgis, Randolph J. Seiler of Seiler & Cain, Mobridge, for defendants and appellees.

WUEST, Chief Justice.

Dewey and LaVonne Dahl (Dahls) appeal an order granting summary judgment in favor of Peter Sittner (Sittner) in an action charging Sittner with fraud and misrepresentation and breach of fiduciary duty regarding the sale of the Dahls' ranch. We reverse and remand for further proceedings.

On July 25, 1979, the Dahls and Sittner signed a listing contract to sell the Dahls' 1400 acre ranch in Ziebach County, South Dakota. The Dahls had been...

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