KINZLER v. NACEY

No. 12923.

296 N.W.2d 725 (1980)

Connie E. KINZLER, Dane J. Kinzler, Fred L. Kinzler and Gloria A. Kinzler, Plaintiffs and Appellees, v. Robert NACEY and Barbara Nacey, Defendants and Appellants.

Supreme Court of South Dakota.

Decided September 24, 1980.


Attorney(s) appearing for the Case

Harlan A. Schmidt, Spearfish, for plaintiffs and appellees.

Wesley W. Buckmaster of Stephens, Quinn, Carr, Tschetter & Buckmaster, P. C., Belle Fourche, for defendants and appellants.


WOLLMAN, Chief Justice.

Appellants appeal from a judgment of the circuit court granting appellees' motion for summary judgment in appellees' action for cancellation of a purchase agreement and return of their earnest money deposit.

On July 27, 1978, the parties entered into a purchase agreement for the sale of a commercial restaurant in Lawrence County known as "The Spruces." Appellants had operated the restaurant on a full-time basis since May 28, 1976.<...

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