McCollam v. Cahill

MEIERHENRY, Justice.

[¶ 1.] Kelly and Michelle McCollam entered into a contract for deed with Neil Cahill to purchase Cahill’s property on the outskirts of Mobridge, South Dakota. McCollams sued Cahill for equitable rescission based on Cahill’s failure to disclose the presence of snakes in and around the house. Cahill counter-sued for specific performance of the contract for deed. The trial court granted Cahill’s request for specific performance. McCollams appeal.

[¶2.] McCollams contend that rescission should have been granted based on fraud- or failure of consideration. 1 McCol-lams claim…