FULLER v. CROSTON

No. 23919.

725 N.W.2d 600 (2006)

2006 SD 110

Ivan R. FULLER, Plaintiff and Appellant, v. James CROSTON and Patricia Croston, and Coldwell Banker GKR & Associates, by and through Janey Johnson, Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 6, 2006.


Attorney(s) appearing for the Case

Patrick J. Glover of Danforth & Meierhenry, LLP, Sioux Falls, South Dakota, Attorneys for appellant.

Stephen C. Landon Michael A. Henderson of Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, South Dakota, Attorneys for appellees, Coldwell Banker GKR & Associates/Janey Johnson.

Joel D. Vos Patrick L. Sealey of Heidman, Redmond, Fredregill, Patterson, Plaza, Dykstra & Prahl, LLP, Sioux City, Iowa, Attorneys for appellees, James & Patricia Croston.


MILLER, Retired Justice.

[¶ 1.] This is an appeal from a summary judgment granted to sellers in an action by a home buyer alleging that sellers had not fully and adequately disclosed defects in the property as required by law. We affirm in part, reverse in part and remand.

FACTS AND PROCEDURAL HISTORY

[¶ 2.] In the fall of 2002, Ivan R. Fuller began looking for a house to purchase in Sioux Falls. He hired real estate agent Margo Middlen...

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