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EHRESMANN v. MUTH

No. 24734.

757 N.W.2d 402 (2008)

2008 SD 103

Scott EHRESMANN, Plaintiff and Appellant, v. Douglas R. MUTH, Defendant and Appellee.

Supreme Court of South Dakota.

Decided October 29, 2008.

Attorney(s) appearing for the Case

Michael A. Henderson of Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, SD, for plaintiff and appellant.

Steven J. Morgans and Daniel R. Fritz of Lynn, Jackson, Shultz & LeBrun, PC, Sioux Falls, SD, for defendant and appellee.

KERN, Circuit Judge.

[¶ 1.] Scott Ehresmann (Ehresmann) purchased two four-plexes and one ten-plex pursuant to a contract for deed and subsequent warranty deed listing Doug Muth and his wife Charity Muth as the sellers. A prior purchase agreement between the parties listed Cisco Financial Group as the seller. Ehresmann experienced continuing problems with the four-plexes' vinyl siding. He brought suit against Doug Muth alleging fraud and deceit, negligent misrepresentation...

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