ZIMMERMAN, Justice:
¶ 1 The plaintiff Georgiy G. Semenov ("Semenov") filed a complaint in Third District Court to rescind a real estate purchase contract that he entered with defendant Harold J. Hill ("Hill") for an Eat-A-Burger restaurant. Both Semenov and Hill moved for summary judgment. The trial judge granted Hill's motion and denied Semenov's. The order states that
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