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RIPPLE v. WOLD

No. 19987.

572 N.W.2d 439 (1997)

1997 SD 135

Lester K. RIPPLE and Maurine H. Ripple, Plaintiffs and Appellants, v. ROGER WOLD and Nancy Wold, Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 17, 1997.

Rehearing Granted January 13, 1998.

Attorney(s) appearing for the Case

Reed C. Richards of Richards & Richards, Deadwood, and John J. Delaney, Sr. of Estes, Porter & Delaney, Rapid City, for plaintiffs and appellants.

Gene N. Lebrun of Lynn, Jackson, Shultz & Lebrun, Rapid City, for defendants and appellees.

SABERS, Justice.

[¶ 1.] Trial court granted defendants' motion to dismiss on the basis that the motion to substitute parties for deceased plaintiffs was untimely.

FACTS

[¶ 2.] In November 1992, Lester and Maurine Ripple (Ripples) entered into a contract for deed and a personal care agreement with Roger and Nancy Wold (Wolds). Ripples agreed to sell approximately eighty-seven acres of land to Wolds for $60,000 and Wolds agreed to personally...

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