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SCOTT v. HYDE

No. 16276.

440 N.W.2d 528 (1989)

John SCOTT, Plaintiff and Appellee, v. Bob HYDE and Steve Hyde, Defendants, Third Party Plaintiffs, and Appellants, v. Eileen M. GERKEN, Third Party Defendant and Appellee.

Supreme Court of South Dakota.

May 17, 1989.

Attorney(s) appearing for the Case

Craig E. Smith of Neumayr & Smith, Gettysburg, for defendants, third party plaintiffs, and appellants.

John S. Lovald of Olinger, Srstka, Lovald & Robbennolt, P.C., Pierre, for plaintiff and appellee, third party defendant, and appellee.

SABERS, Justice.

Bob and Steve Hyde (Hydes) appeal a judgment declaring the termination of their lease interest in certain farmland.

Facts

In 1967, Eileen Gerken (Gerken) acquired a quarter section of farmland in Sully County, South Dakota. She lived on the farmstead on the property and rented out the farmland. Under a five-year written lease, Gerken cash rented the farmland to Hydes in 1981.1 The lease expired...

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