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PARMELY REVOCABLE TRUST v. MAGNESS

#30135.

996 N.W.2d 362 (2023)

2023 S.D. 49

The GENEVIEVE J. PARMELY REVOCABLE TRUST, Plaintiff and Appellee, v. Brad MAGNESS, Defendant and Appellant.

Supreme Court of South Dakota.

OPINION FILED September 20, 2023.

Attorney(s) appearing for the Case

JEFF BURNS of, Churchill, Manolis, Freeman, Kludt & Burns, LLP, Huron, South Dakota, Attorneys for defendant and appellant.

JOHN K. NOONEY , ROBERT J. GALBRAITH , JARED D. NOONEY of, Nooney & Solay, LLP, Rapid City, South Dakota, Attorneys for plaintiff and appellee.

[¶1.] The Genevieve J. Parmely Revocable Trust sought a declaratory judgment asking the court to determine that an option agreement made with Brad Magness was invalid because of the absence of consideration. The parties filed cross-motions for summary judgment regarding the existence of consideration. The circuit court granted...

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