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BOOTH v. CHAMALES

No. 14683.

366 N.W.2d 843 (1985)

Donald BOOTH and Martha Booth, Plaintiffs and Appellants, v. George CHAMALES and Mary Chamales, Defendants and Appellees.

Supreme Court of South Dakota.

Decided April 24, 1985.

Attorney(s) appearing for the Case

Charles Poches, Jr. of Poches & Lee, Ft. Pierre, for plaintiffs and appellants.

Max A. Gors of Gors, Braun & Carlon, Pierre, for defendants and appellees.

WUEST, Acting Justice.

Appellants Donald and Martha Booth (Booths) appeal from a judgment denying foreclosure on an executory contract and denial of attorney fees. We affirm the denial of foreclosure, reverse on the denial of attorney fees, and remand to the trial court to exercise its discretion on attorney fees, pursuant to SDCL 21-50-4.

On July 1, 1977, Booths sold the Chuck Wagon Restaurant to appellees George and Mary Chamales (Chamales) by a contract...

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