WELLER v. SPRING CREEK RESORT, INC.

No. 17308.

477 N.W.2d 839 (1991)

Richard F. WELLER and Darolyn D. Weller, Plaintiffs and Appellants, v. SPRING CREEK RESORT, INC., John Brakss and Marlene Brakss, Defendants and Appellees.

Supreme Court of South Dakota.

Reassigned August 22, 1991.

Decided November 20, 1991.


Attorney(s) appearing for the Case

Gary F. Colwill of Schmidt, Schroyer, Colwill & Barnett, Pierre, for plaintiffs and appellants.

Brent A. Wilbur of May, Adam, Gerdes & Thompson, Pierre, for defendants and appellees.


AMUNDSON, Justice (on reassignment).

Richard F. Weller and Darolyn D. Weller (Weller) appeal from the circuit court decision granting Spring Creek Resort, Inc., John Brakss' and Marlene Brakss' (Brakss) motion to dismiss for failure to state a claim upon which relief could be granted. We affirm in part, reverse in part, and remand.

FACTS

Brakss have operated and managed the Spring Creek Marina on property...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases