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RUSCH v. KAUKER

No. 17438.

479 N.W.2d 496 (1991)

Arthur L. RUSCH and Lana K. Rusch, husband and wife, Plaintiffs and Appellants, v. Michael L. KAUKER and Judith J. Kauker, husband and wife, Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 24, 1991.

Rehearing Denied February 3, 1992.

Attorney(s) appearing for the Case

James E. McCulloch, Minick & McCulloch, Vermillion, for plaintiffs and appellants.

Robert R. Nelson, Bierle, Nelson & Michels, Yankton, for defendants and appellees.

SABERS, Justice.

Rusch appeals from a judgment in favor of Kauker claiming that the trial court erred in concluding the Offer and Agreement to purchase was not a binding agreement between the parties. We reverse and remand.

FACTS

Arthur and Lana Rusch (Rusch) owned a house at 620 Canby, Vermillion, S.D. Rusch lived in this house from 1976 until he moved to a new residence in Vermillion in 1982. The house had a mortgage balance of approximately $20...

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