ZEE v. ASSAM

No. 13985.

336 N.W.2d 162 (1983)

Gary Van ZEE and Michael C. Thurman, Plaintiffs and Appellees, v. Fred ASSAM, d/b/a Fred Assam Real Estate, and Jake Fretty, Defendants and Appellants.

Supreme Court of South Dakota.

Decided July 6, 1983.


Attorney(s) appearing for the Case

Edwin E. Evans of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiffs and appellees.

John E. Burke, Sioux Falls, for defendants and appellants; N. Dean Nasser, Jr., Sioux Falls, on brief.


DUNN, Justice.

This is an appeal from a judgment awarding $20,000 with interest for damages sustained by buyers in a real estate transaction and from the trial court's denial of a motion for judgment notwithstanding the verdict. We affirm in part and modify in part.

In August of 1979, Gary Van Zee and Michael C. Thurman (buyers) were approached by Jake Fretty, an employee of Fred Assam d/b/a Fred Assam Real Estate (collectively referred to herein as appellant...

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