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CHAMBERLAIN LIVESTOCK AUCTION v. PENNER

No. 16906.

462 N.W.2d 479 (1990)

CHAMBERLAIN LIVESTOCK AUCTION, INC., and Robert J. Jorgenson, Appellees, v. Donald PENNER, Chamberlain Livestock Sales, Inc., and the Officers and Directors of Chamberlain Livestock Sales, Inc., Appellants.

Supreme Court of South Dakota.

Decided October 17, 1990.

Attorney(s) appearing for the Case

John Morgan and Don E. Petersen of Morgan, Theeler, Cogley & Padrnos, Mitchell, for appellees.

Rick Johnson of Johnson, Eklund & Davis, Gregory, for appellants.

MEIERHENRY, Circuit Judge.

This case combines two lower court actions involving a contract to purchase the Chamberlain Livestock Auction (auction). Donald Penner (Penner), the purchaser, brought an action for rescission of the contract claiming misrepresentation; in the alternative, if the court found no misrepresentation, he contended that Robert Jorgensen's (Jorgensen), the seller's, damages were limited to those specified in the contract. Jorgensen claimed that...

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