Legal Opinion
Wolken v. Wade
South Dakota Supreme Court
Decided May 27, 1987No. 15294PublishedCited by 10 opinions
1Opinion of the Court
ZINTER, Circuit Judge.
This is an appeal from a judgment allowing rescission of an Offer and Agreement to Purchase (Agreement) real estate. Fred, Carol, and Daniel Wolken (Wolkens), appellees-vendees, commenced this action seeking a return of their earnest money from Leslie and Idella Wade (Wades), appellants-vendors. The trial court held that the Agreement was void ab initio due to mistake and prospective failure of consideration relating to title defects. It allowed rescission of the Agreement and ordered the earnest money returned to Wolkens. We reverse.
The material facts are not in…
2Cases cited26 opinions
- United States v. LockeSupreme Court of the United States · 1985
- Cohen v. KranzNew York Court of Appeals · 1963
- Renner v. CrismanSouth Dakota Supreme Court · 1964
- Beatty v. DepueSouth Dakota Supreme Court · 1960
- Nilsson v. KruegerSouth Dakota Supreme Court · 1943
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3Cited by10 opinions
- Rusch v. KaukerSouth Dakota Supreme Court · 1991
- Johnson v. SellersSouth Dakota Supreme Court · 2011
- Ramesbotham v. Farmers Elevator Co.South Dakota Supreme Court · 1988
- Skyco Resources, LLP, a Texas limited liability partnership v. Family Tree Corporation, a Wyoming corporation and JD4, LLC, a Delaware limited liability companyWyoming Supreme Court · 2022
- City of Aberdeen v. RichSouth Dakota Supreme Court · 2001
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