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ANDERSON v. AESOPH

Nos. 23338, 23352.

697 N.W.2d 25 (2005)

2005 SD 56

James F. ANDERSON and Dorothy Anderson, Plaintiffs and Appellees, v. David AESOPH, Defendant, and Robert Aesoph, Intervenor and Appellant.

Supreme Court of South Dakota.

Decided May 4, 2005.

Attorney(s) appearing for the Case

Wally Eklund of Johnson Eklund Law Office, Gregory, SD, for plaintiffs and appellees.

Drew C. Johnson, Aberdeen, SD, for intervenor and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] James Anderson and Dorothy Anderson (Andersons) sold 1,040 acres of farmland to David Aesoph (David) under a contract for deed. Andersons refused two requests seeking their approval for Robert Aesoph (Robert) to assume David's interest under the contract. David assigned his interest in the contract for deed to his brother Robert as partial payment for a personal debt without the written consent of Andersons as required by the...

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