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US LUMBER, INC. v. FISHER

No. 18402.

523 N.W.2d 87 (1994)

US LUMBER, INC., a South Dakota Corporation, Roger Duba and Sandra Duba, Plaintiffs and Appellants, v. Charles F. FISHER, Defendant and Appellee.

Supreme Court of South Dakota.

Reassigned August 15, 1994.

Decided October 12, 1994.

Rehearing Denied November 18, 1994.

Attorney(s) appearing for the Case

Ronald W. Banks of Banks, Johnson and Colbath, Rapid City and Thomas L. Brejcha of Abramson and Fox, Chicago, IL, for plaintiffs and appellants.

Lonnie R. Braun and Thomas W. Stanton of Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City, for defendant and appellee.

HENDERSON, Retired Justice (on reassignment).

PROCEDURAL HISTORY/ISSUES

Alleging rescission, negligent misrepresentation, fraud and deceit in an action commenced January 29, 1991, U.S. Lumber and its owners (Plaintiffs) sought to negate their purchase of a partnership interest from Charles F. Fisher (Fisher), who counter-claimed demanding the final installment of the purchase through a promissory note. Concluding that Plaintiffs elected the remedy...

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