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HOFELDT v. MEHLING

No. 22380.

658 N.W.2d 783 (2003)

2003 SD 25

Douglas HOFELDT, Plaintiff and Appellant, v. Roy MEHLING, Defendant and Appellee.

Supreme Court of South Dakota.

Decided March 5, 2003.

Attorney(s) appearing for the Case

Timothy R. Whalen, Lake Andes, South Dakota, Attorney for plaintiff and appellant.

Kent R. Cutler, Kimberly R. Wassink of Cutler & Donahoe, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] In a land sale, after the buyer made the required down payment, the seller failed, in violation of the contract, to deliver clear title for nearly five years. During this time, the buyer was permitted to farm the land and obtain subsidy payments for it. He paid no rent and kept all the subsidies. When the seller finally delivered clear title and the sale closed, the seller sued the buyer to obtain rent and subsidies, claiming that the...

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