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TRIP-TENN, INC. v. SCHULTZ

No. 22205.

656 N.W.2d 747 (2003)

2003 SD 10

TRIP-TENN, INC., a South Dakota Corporation, Plaintiff and Appellee, v. Russell S. SCHULTZ and Sandra S. Schultz, Defendants and Appellants.

Supreme Court of South Dakota.

Decided January 22, 2003.

Attorney(s) appearing for the Case

Frank A. Bettmann of Finch Bettmann Maks, P.C., Rapid City, for plaintiff and appellee.

Robert M. Nash of Wilson, Olson, Nash & Becker, Rapid City, for defendants and appellants.

GILBERTSON, Chief Justice.

[¶ 1.] Trip-Tenn, Inc. sued Russell and Sandra Schultz (collectively Schultz) for reformation of a contract for deed to collect unpaid principal and interest. The parties entered into the contract in 1977. A discrepancy in the amortization schedule was discovered in 1992. Trip-Tenn, however, did not commence suit until 1999, two years after Schultz claims the final payment on the contract was made. The trial court reformed the contract...

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