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KASE v. FRENCH

No. 13421.

325 N.W.2d 678 (1982)

Dwayne C. KASE, Administrator with the Will Annexed of the Estate of Olivia M. McWilliams, Deceased, Plaintiff and Appellant, v. Kenneth D. FRENCH and Betty M. French, Defendants and Appellees.

Supreme Court of South Dakota.

Decided October 27, 1982.

Attorney(s) appearing for the Case

Charles H. Whiting of Whiting, Hagg & Konenkamp, Rapid City, for plaintiff and appellant.

J. Crisman Palmer of Gunderson & Palmer, Rapid City, for defendants and appellees.

WOLLMAN, Justice.

This is an appeal from a judgment in an action brought by the administrator of the estate of Olivia M. McWilliams, deceased, (appellant) against Kenneth and Betty French to vacate a contract for deed and to recover various cash transfers allegedly obtained through undue influence. The trial court upheld the validity of the contract for deed and the cash transfers, holding that no confidential relationship existed at the time of the sale and that...

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