McCollam v. Littau

FOSHEIM, Justice.

This is an action in which appellee McCol-lam sought rescission of a land sale contract and appellant Littau counterclaimed for specific performance, recovery of his down-payment, interest, and punitive damages. The trial court denied appellant’s motion for summary judgment and entered summary judgment in favor of appellee. We reverse and remand.

In August of 1978, appellee entered into a listing agreement with a real estate broker in order to sell four quarter sections of land situated in Tripp County, South Dakota. The broker contacted appellant with regard to purchasing the…