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BLAHA v. STUARD

No. 21758.

640 N.W.2d 85 (2002)

2002 SD 19

Sharon BLAHA, As Guardian Ad Litem for the Person and Estate of Jessica Blaha, a minor, Plaintiff and Appellant, v. Gary STUARD and Anna Stuard, Defendants and Appellees.

Supreme Court of South Dakota.

Decided February 6, 2002.

Attorney(s) appearing for the Case

Timothy L. James of James & Associates, Yankton, South Dakota, Attorneys for plaintiff and appellant.

Jack Theeler of Morgan, Theeler, Wheeler, Cogley & Petersen, Mitchell, South Dakota, Attorneys for defendant and appellee.

TIMM, Circuit Judge

[¶ 1.] This is an appeal from an order granting Stuards' motion for summary judgment. We affirm.

FACTS

[¶ 2.] On December 17, 1998 Chad and Dustin Blaha traveled to Gary and Anna Stuard's home to inquire about a labrador dog advertised in the Rapid City Journal. The advertisement stated:

Beautiful male Yellow Labrador, good Retriever, 5 years old, $50 with AKC papers...

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