VERMILYEA v. BDL ENTERPRISES, INC.

Nos. 16760, 16763.

462 N.W.2d 885 (1990)

Bill VERMILYEA and Jan Vermilyea, d/b/a Cost Cutters, Plaintiffs and Appellants, v. BDL ENTERPRISES, INC., Defendant and Appellee.

Supreme Court of South Dakota.

Decided November 14, 1990.


Attorney(s) appearing for the Case

George Beal, Rapid City, for plaintiffs and appellants.

Ronald R. Johnson, Lemmon, for defendant and appellee.


RONALD K. MILLER, Circuit Judge.

Bill and Jan Vermilyea (Vermilyeas), are tenants in the Twin City Shopping Mall (Mall) in Lead, South Dakota. They brought an action for judicial rescission of a twenty-year-term lease they executed for space in the Mall being developed by BDL Enterprises, Inc. (BDL). If rescission was denied, Vermilyeas alternatively sought to have the term of the lease revised to a five-year term at the same lease rental.

The trial court...

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