Wissink v. Van De Stroet

MILLER, Chief Justice.

[¶ 1.] In this appeal we hold that the trial court erred when it granted summary judgment dismissing a claim on the grounds that it was barred by the applicable statute of limitations. We reverse and remand.

FACTS

[¶ 2.] On March 1, 1980, Robert Wissink and Gerald Svoboda entered into a lease/option and contract for deed to purchase the Town House Motel in Rapid City, South Dakota, from William and Mary McClenahan. The agreement provided the option of purchasing the motel, with a portion of the lease payments to be applied to the purchase price.

[¶ 3.] On the day prior to…