Anderson v. Production Credit Ass'n

There are three legal points to be advanced by this writer:

1. In Glad v. Gunderson, Farrar, Aldrich and DeMerssman, 378 N.W.2d 680 (S.D.1985), this Court upheld the grant of summary judgment based upon the statute of limitations when fraudulent concealment was alleged. Andersons, by their own testimony, possessed operative facts to cause the statute of limitations to run, i.e., knowledge for more than 20 years that they believed they had been overcharged. Therefore, we have recent precedent in this Court to apply. Furthermore, if the defendant here establishes the defense of the statute of…