Holida v. Chicago & Northwestern Transportation Co.

MORGAN, Justice.

Defendant, Donald Merrill (Merrill), appeals from a judgment of the trial court voiding a land sale agreement wherein Merrill purchased property in Canistota, South Dakota, from the Chicago and Northwestern Transportation Company (Company). We affirm.

In June of 1985, Company quitclaimed to Merrill approximately four and one-half acres of its property in Canistota. This property is bounded on the northeast by Warehouse Street. 1 Plaintiffs, Harold and Mary Holida (Holidas), own property bounded on the southwest by Warehouse Street, thus the two properties are situated across…