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LEONHARDT v. LEONHARDT

No. 26208.

822 N.W.2d 714 (2012)

2012 S.D. 71

Terry LEONHARDT and Cindy Leonhardt, Plaintiffs and Appellants, v. Delbert LEONHARDT, Defendant and Appellee, and Matthew Oswald, Intervenor and Appellee.

Supreme Court of South Dakota.

Decided October 17, 2012.

Attorney(s) appearing for the Case

Richard L. Russman , Christopher C. White of Richardson, Wyly, Wise, Sauck & Hieb, LLP, Aberdeen, South Dakota, Attorneys for plaintiffs and appellants.

Timothy J. Vander Heide of Barker Wilson Law Firm, LLP, Belle Fourche, South Dakota, Attorneys for defendant and appellee.

Julie Dvorak of Siegel, Barnett & Schutz, LLP, Aberdeen, South Dakota, Attorneys for intervenor and appellee.

SEVERSON, Justice.

[¶ 1.] Terry and Cindy Leonhardt allege that they entered into an oral lease with Terry's father, Delbert Leonhardt, which was to extend for the lives of Delbert and his wife, Ellen Leonhardt. They claimed the oral lease contained a right of first refusal that Terry could exercise after the death of both Delbert and Ellen. Delbert later entered into a written lease with his grandson, Matthew Oswald. This written lease encompassed some of the...

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