BROCKEL v. LEWTON

Nos. 13383, 13387.

319 N.W.2d 173 (1982)

Ted BROCKEL and Gary R. Larson, Plaintiffs and Appellees, v. John M. LEWTON and Thelma I. Lewton, Defendants and Appellants.

Supreme Court of South Dakota.

Decided May 12, 1982.


Attorney(s) appearing for the Case

Newell E. Krause, Mobridge, for plaintiffs and appellees.

William H. Coacher, Sturgis, for defendants and appellants.


MORGAN, Justice.

The trial court, sitting without a jury, granted Ted Brockel (Brockel) and Gary Larson (Larson) specific performance of a real estate purchase and sale agreement they entered into with John Lewton and Thelma Lewton (Lewtons). Additionally, the trial court found that the Tysdal Realty Company (Tysdal) had produced a ready, willing, and able buyer pursuant to their listing agreement with Lewtons.* Consequently,

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