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ADRIAN v. McKINNIE

No. 21963.

639 N.W.2d 529 (2002)

2002 SD 10

Wallace ADRIAN, Plaintiff and Appellee, v. Rich McKINNIE and Lynn McKinnie, Defendants and Appellants.

Supreme Court of South Dakota.

Decided January 23, 2002.

Attorney(s) appearing for the Case

Michael A. Wilson of Quinn, Day & Barker, Rapid City, Attorneys for plaintiff and appellee.

Michael W. Strain of Morman Law Office, Sturgis, Attorneys for defendants and appellants.

KONENKAMP, Justice.

¶ This is an appeal from a judgment on the status and effect of a "Lease Agreement & Option to Purchase" relating to a 600-acre tract of land in Custer County, South Dakota. The trial court, treating this document purely as a lease-purchase agreement, found that the lessees breached the agreement and failed to cure their breach and that the terms of the agreement entitled the lessor to terminate the lease. We reverse because the lease...

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