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JOHNSON v. SELLERS

No. 25751.

798 N.W.2d 690 (2011)

2011 S.D. 24

Steven D. JOHNSON, Plaintiff and Appellee, v. Harrell L. SELLERS and Sandra L. Green, Husband and wife, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 25, 2011.

Attorney(s) appearing for the Case

Richard J. Helsper , Reed T. Mahlke of Glover & Helsper, PC, Brookings, South Dakota, Attorneys for plaintiff and appellee.

Ellie M. Vandenberg , Volga, South Dakota, Attorney for defendant and appellant.

ZINTER, Justice.

[¶ 1.] Steven Johnson sued Harrell Sellers for specific performance of a written agreement to purchase real estate. Sellers refused to sell after the transaction was unable to be closed on the agreed date. On cross motions for summary judgment, the circuit court ordered specific performance. The court ruled that Sellers waived the right to insist on the initial closing date and that fulfillment of the contract was possible. We affirm.

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