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TANK v. MUNSTEDT

No. 17975.

504 N.W.2d 866 (1993)

Dan and Donna TANK, Plaintiffs and Appellees, v. George and Jane MUNSTEDT, Defendants and Appellants.

Supreme Court of South Dakota.

Decided August 18, 1993.

Attorney(s) appearing for the Case

Rodney W. Schlauger of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for plaintiffs and appellees.

William M. Rensch, Rapid City, for defendants and appellants.

PER CURIAM.

George and Jane Munstedt (Munstedts) appeal the circuit court's affirmance of the magistrate court's summary judgment for Don and Donna Tank (Tanks) in their action for breach of contract, negligence and fraud. We reverse and remand.

FACTS

In February 1990, Tanks commenced a small claims action against Munstedts seeking a refund for the purchase price of some allegedly inferior hay. On March 16, 1990, Munstedts filed a motion demanding...

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