Legal Opinion

Drake v. Sample

South Dakota Supreme Court

Decided June 7, 1979No. 12159PublishedCited by 16 opinions

1Opinion of the Court

*687DUNN, Justice (on reassignment).

This case involves an action brought by Dale and Shirley Drake for a declaratory judgment seeking a declaration of the rights of the parties under an alleged oral agreement, which was supported by written memoranda, with Ernest and Carrie Sample for the sale of real property. The Samples pled the statute of frauds and rescission prior to acceptance as defenses. The trial court found in favor of the Drakes and rendered a judgment accordingly. We affirm.

The real property that is the subject of this litigation is owned by the Samples and was leased to the Drakes…

2Cases cited4 opinions

  1. Cunningham v. Yankton Clinic, P. A.South Dakota Supreme Court · 1978
  2. Mobridge Community Industries, Inc. v. Toure, Ltd.South Dakota Supreme Court · 1978
  3. Staab v. SkoglundSouth Dakota Supreme Court · 1975
  4. Townsend v. KennedySouth Dakota Supreme Court · 1894

3Cited by16 opinions

  1. Wiggins v. ShewmakeSouth Dakota Supreme Court · 1985
  2. Amdahl v. LoweSouth Dakota Supreme Court · 1991
  3. Finck v. Northwest School District No. 52-3South Dakota Supreme Court · 1988
  4. In re the Dependency & Neglect of B. A. M.South Dakota Supreme Court · 1980
  5. Aamot v. EneboeSouth Dakota Supreme Court · 1984

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