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BERBOS v. KRAGE

No. 24752.

754 N.W.2d 432 (2008)

2008 SD 68

Joe BERBOS, Plaintiff and Appellee, v. Harold KRAGE and Gwen Krage, Defendants and Appellants.

Supreme Court of South Dakota.

Decided July 16, 2008.

Attorney(s) appearing for the Case

Kimberly A. Dorsett of Richards, Oliver & Dorsett Aberdeen, SD, for plaintiff and appellee.

Richard L. Russman of Richardson, Wyly, Wise, Sauck & Hieb, LLP, Aberdeen, SD, for defendants and appellants.

KONENKAMP, Justice.

[¶ 1.] Joseph Berbos purchased real property from Harold and Gwen Krage on a contract for deed. When the parties disputed ownership of a building encroaching onto land not sold in the contract, Berbos withheld his last payment and brought suit for specific performance. After a hearing, the circuit court granted summary judgment for Berbos, ruling that the parties intended to convey the entire building. On appeal, we conclude that because there...

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