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SCHULTZ v. JIBBEN

No. 18367.

513 N.W.2d 923 (1994)

Jessie I. SCHULTZ, Plaintiff and Appellee, v. Daryl L. JIBBEN and Becky J. Jibben, Defendants, and Audrey Jibben, Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 30, 1994.

Attorney(s) appearing for the Case

Ronald K. Roehr, Milbank, for plaintiff and appellee.

William E. Coester, Milbank, for defendant and appellant.

SABERS, Justice.

Seller forecloses on buyers, who had defaulted on their contract for deed, and their assignee. Assignee attempts to assert the statutory remedy of equitable adjustment after its repeal. Circuit court held for seller. We affirm.

FACTS

On October 8, 1982, Jessie Schultz (Schultz) and her now deceased husband, as sellers, entered into a Contract for Deed with Daryl Jibben and his then wife, Becky Jibben, as buyers, for the purchase...

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