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SCHWARTZ v. MORGAN

Nos. 25205, 25212.

776 N.W.2d 827 (2009)

2009 SD 110

Gregg W. and Sharon K. SCHWARTZ, Plaintiffs and Appellants, v. Sally R. MORGAN, Defendant and Appellee.

Supreme Court of South Dakota.

Decided December 22, 2009.

Attorney(s) appearing for the Case

Sabrina L. Sayler of Crary, Huff, Inkster, Sheehan, Ringgenberg, Hartnett & Storm, PC, Dakota Dunes, South Dakota, Attorneys for plaintiffs and appellants.

Robert B. Deck of Deck Law, Sioux City, Iowa, Attorneys for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] A purchaser of residential real estate brought suit against a seller for fraudulent concealment of the fact that the driveway encroached on a neighbor's property. The jury returned a verdict in favor of the purchaser. Holding that there was insufficient evidence that the seller was aware of the encroachment, the circuit court granted a judgment notwithstanding the verdict. Because we find that the seller owed no duty to the purchaser...

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