GMS, INC. v. DEADWOOD SOCIAL CLUB, INC.

No. 13796.

333 N.W.2d 442 (1983)

GMS, INC., A South Dakota Corporation, Plaintiff and Appellant, v. DEADWOOD SOCIAL CLUB, INC., A South Dakota Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 4, 1983.


Attorney(s) appearing for the Case

Raymond J. Voelker, Jr. of Voelker & Adams, Deadwood, for plaintiff and appellant; Mary Anne Kenton of Voelker & Adams, Deadwood, on the brief.

William L. Severns, Deadwood, for defendant and appellee.


MORGAN, Justice.

This action arises from a contract for the sale of a business and the underlying real and personal property from Deadwood Social Club, Inc., appellee (Seller), to GMS, Inc., appellant (Buyer). Buyer defaulted on this contract for deed and brought this action for declaratory judgment. Upon a judgment by the court quieting title to certain personal property in the Seller, Buyer appeals.1 We affirm.

On April 30, 1981...

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