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SHEDD v. LAMB

Nos. 19215, 19222.

553 N.W.2d 241 (1996)

1996 SD 117

Marilyn L. SHEDD and L. James Shedd, Plaintiffs and Appellants, v. Larry A. LAMB and Gold Coin, Inc., Defendants and Appellants. Larry A. LAMB, Plaintiff and Appellant, v. Marilyn L. SHEDD, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 4, 1996.

Rehearing Denied October 10, 1996.

Attorney(s) appearing for the Case

Thomas E. Brady, Spearfish, for defendants and appellants Shedd.

James P. Hurley of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendants and appellants Lamb and Gold Coin, Inc.

AMUNDSON, Justice.

[¶ 1] Marilyn L. Shedd and L. James Shedd (Shedds) appeal the trial court's determination that they must pay Larry A. Lamb (Lamb) $300,000 to equitably adjust the parties' dispute. Lamb appeals the trial court's order of rescission. We reverse and remand the order granting rescission.

FACTS AND PROCEDURAL HISTORY

[¶ 2] Shedds have owned and operated Shedd Jewelry in Deadwood since 1975. At the time this cause of action...

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