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SAFARI, INC. v. VERDOORN

No. 16332.

446 N.W.2d 44 (1989)

SAFARI, INC., A South Dakota Corporation, Plaintiff and Appellant, v. Frederick VERDOORN and Colleen Verdoorn, husband and wife, Defendants and Appellees.

Supreme Court of South Dakota.

Reassigned July 26, 1989.

Decided September 6, 1989.

Attorney(s) appearing for the Case

Thomas L. Fiegen of McCann, Martin & McCann, Brookings, for plaintiff and appellant.

Alan Glover of Denholm, Glover & Britzman, Brookings, for defendants and appellees.

MILLER, Justice (on reassignment).

In this appeal, we affirm the trial court and hold that the forfeiture provision contained within a contract for sale is void as a matter of law and that the trial court appropriately awarded damages and restitution.

FACTS

In 1972, Dimitrios and Karen Theodosopoulos (Sellers) purchased a bar/lounge and incorporated it as Safari, Inc. (Safari). In March of 1985, a fire in an adjoining business, caused extensive smoke...

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