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McCOLLAM v. CAHILL

No. 24895.

766 N.W.2d 171 (2009)

2009 SD 34

Kelly B. McCOLLAM and Michelle M. McCollam, Plaintiffs and Appellants, v. Neil D. CAHILL, Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 13, 2009.

Attorney(s) appearing for the Case

John W. Burke of Thomas, Braun, Bernard & Burke, LLP, Rapid City, for plaintiffs and appellants.

Melissa E. Neville, Kennith L. Gosch of Bantz, Gosch & Cremer, LLC, Aberdeen, for defendant and appellee.

MEIERHENRY, Justice.

[¶ 1.] Kelly and Michelle McCollam entered into a contract for deed with Neil Cahill to purchase Cahill's property on the outskirts of Mobridge, South Dakota. McCollams sued Cahill for equitable rescission based on Cahill's failure to disclose the presence of snakes in and around the house. Cahill counter-sued for specific performance of the contract for deed. The trial court granted Cahill's request for specific performance. McCollams appeal...

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