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LAND AND MARINE DEVELOPMENTS v. WIDVEY

No. 19061.

546 N.W.2d 380 (1996)

1996 SD 44

LAND AND MARINE DEVELOPMENTS, INC., a South Dakota corporation, of Fort Pierre, South Dakota, Plaintiff and Appellee, v. Brett WIDVEY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 24, 1996.

Attorney(s) appearing for the Case

Charles Schroyer of Schmidt, Schroyer, Colwill and Moreno, Pierre, for plaintiff and appellee.

James E. Carlon, Pierre, for defendant and appellant.

GILBERTSON, Justice.

[¶ 1] Brett Widvey (Widvey) appeals a summary judgment for Land and Marine Developments, Inc. (Land and Marine) in Land and Marine's breach of contract action against Widvey. We affirm on issues one and three and reverse and remand on issue two as we determine there exists a question of material fact.

FACTS

[¶ 2] Land and Marine owns Marion's Garden, a residential real estate development in Fort Pierre, South Dakota...

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