Sprang v. Altman

Summary

The South Dakota Supreme Court affirmed the denial of reformation of a recorded condition granting the seller a first opportunity to repurchase additional acreage. The court held that the condition reflected the parties' intent concerning zoning and subdivision, and was a personal contractual benefit rather than a covenant running with the land.

Holdings

1. Reformation was properly denied because Altman failed to prove by clear, unequivocal, and convincing evidence that the written condition failed to express the parties' actual intent.
2. The repurchase condition was a personal contract benefiting Altman and did not run with the land.

Questions Presented

1. Whether the circuit court abused its discretion by refusing to reform the repurchase condition to include a right of repurchase if the Sprangs no longer received an agricultural tax benefit.
2. Whether the recorded repurchase condition was a covenant running with the land under SDCL 43-12-2 or instead was a personal contract benefiting Altman.

Disposition

affirmed