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WHITSON v. LENDE

Nos. 16436, 16455.

442 N.W.2d 267 (1989)

Barbara WHITSON and Jim Oliff, Plaintiffs and Appellees, v. Dale G. LENDE and Cheryl A. Lende, Defendants and Appellants.

Supreme Court of South Dakota.

Decided June 28, 1989.

Attorney(s) appearing for the Case

Thomas E. Brady of Richards, Hood & Brady, Spearfish, for plaintiffs and appellees.

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

MILLER, Justice.

This is a contract rescission action in which we generally uphold the trial court's monetary award of restitution, but remand to have the court additionally ascertain the reasonable rental value of the property involved.

FACTS

Appellants Dale and Cheryl Lende (Lendes) appeal from a circuit court judgment entered in favor of appellees Barbara Whitson and Jim Oliff (Whitson and Oliff) awarding them rescission of a contract entered...

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