McDonald v. Miners & Merchants Bank, Inc.

WOLLMAN, Chief Justice.

Appellant sought damages from appellee for breach of a purchase agreement. In its amended answer and counterclaim, appellee asked that the agreement be rescinded because consent to the agreement was based on a mistake of fact. The trial court found for appellee and entered judgment rescinding the purchase agreement. We reverse and remand.

Appellee is a banking corporation with its principal place of business at Lead, South Dakota. On August 5, 1976, appellee entered into a written agreement to sell to one Dennis P. Casey the old City Hall building in Rapid City for…