Aune v. Breneman

Ole Aune, owner of a residence property in Sioux Falls, sold it on an executory contract to Fred M. Breneman and Elvina O. Breneman on January 12, 1949. The consideration was $7,000, payable $2,300 in cash and the balance on March 1st 1949. The purchasers took possession at the time of the execution of the contract. After default in the March 1st payment the purchasers commenced an action to rescind the contract on the ground of fraud and to recover the consideration already paid. The vendor answered denying the claim of fraud and alleging a counterclaim for the foreclosure of the contract on…