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MASTELLER v. CHAMPION HOME BUILDERS, CO.

No. 23936.

723 N.W.2d 561 (2006)

2006 SD 90

Timothy MASTELLER and Ronna Masteller, individually and as Guardian Ad Litem for S.R.S. and J.R.E.S., Minor Children, Plaintiffs and Appellees, v. CHAMPION HOME BUILDERS, CO. and Iseman Corp., Defendants and Appellants.

Supreme Court of South Dakota.

Decided October 18, 2006.

Attorney(s) appearing for the Case

Christina L. Fischer of May, Adam, Gerdes & Thompson L.L.P. Pierre, South Dakota, Attorneys for plaintiffs and appellees.

Robert C. Riter, Jr. of Riter, Rogers, Wattier & Brown L.L.P., Pierre, South Dakota, Attorneys for defendants and appellants.

KONENKAMP, Justice.

[¶ 1.] In this lawsuit against Champion Home Builders Company and Iseman Corporation, the circuit court ruled that an arbitration clause in Champion's warranty booklet was not enforceable. We affirm.

Background

[¶ 2.] Timothy and Ronna Masteller signed a purchase agreement with Iseman Corporation on June 13, 2004, to buy a home manufactured by Champion Homes Company. With respect to warranties, the purchase agreement...

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