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OXTON v. RUDLAND

28070 28084.

897 N.W.2d 356 (2017)

2017 S.D. 35

Dwight OXTON and Mary Jo Oxton, Plaintiffs and Appellants, v. Eugene RUDLAND, Cathy Rudland, Defendants and Appellees, and Terrance J. Wojtanowicz, Defendant.

Supreme Court of South Dakota.

OPINION FILED June 14, 2017.

Attorney(s) appearing for the Case

SHANE M. PULLMAN , PHILLIP R. STILES of Costello Porter Hill Heisterkamp Bushnell & Carpenter, LLP, Rapid City, South Dakota, Attorneys for plaintiffs and appellants.

MICHAEL C. LOOS of Clayborne, Loos & Sabers, LLP, Rapid City, South Dakota and GREGORY G. STROMMEN of Banks, Kappelman & Strommen, Prof. LLC, Rapid City, South Dakota, Attorneys for defendants and appellees.

[¶ 1.] The purchasers of a home brought suit against the sellers for fraud and failure to disclose defects. The circuit court dismissed the purchasers' claims on summary judgment. The purchasers appeal. We reverse and remand.

Background

[¶ 2.] In February 2013, Dwight Oxton executed a purchase...

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