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WISSINK v. VAN DE STROET

No. 20839.

598 N.W.2d 213 (1999)

1999 SD 92

Robert WISSINK, Plaintiff and Appellant, v. Mace VAN DE STROET, Carol Van De Stroet and Rapid City Town House Motel, Inc., Defendants and Appellees.

Supreme Court of South Dakota.

Decided July 21, 1999.

Attorney(s) appearing for the Case

Michael F. Marlow and Sheila S. Woodward of Johnson, Heidepriem, Miner, Marlow & Janklow, Yankton, for plaintiff and appellant.

Mark V. Meierhenry and Robin Jacobson Houwman of Danforth, Meierhenry & Meierhenry, Sioux Falls, for defendants and appellees.

MILLER, Chief Justice.

[¶ 1.] In this appeal we hold that the trial court erred when it granted summary judgment dismissing a claim on the grounds that it was barred by the applicable statute of limitations. We reverse and remand.

FACTS

[¶ 2.] On March 1, 1980, Robert Wissink and Gerald Svoboda entered into a lease/option and contract for deed to purchase the Town House Motel in Rapid City, South Dakota, from William and Mary McClenahan...

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