Maresh v. Unverzagt

MORGAN, Justice.

The Sixth Judicial Circuit Court entered judgment in favor of plaintiff-appellant Brad Maresh (appellant), granting him rescission of an oral contract to purchase real property situated in Oacoma, Lyman County, South Dakota. The trial court ordered that appellant recover his $500 down payment, plus intérest, from defendant-appel-lee Wendell Unverzagt (appellee). Appellant appealed, claiming that the trial court erred by granting rescission since the suit was one for deceit and that neither party had ever requested rescission. We affirm.

After retiring, appellant and his wife…