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COFFEE CUP FUEL STOPS v. DONNELLY

No. 20611.

592 N.W.2d 924 (1999)

1999 SD 46

COFFEE CUP FUEL STOPS & CONVENIENCE STORES, INC., a corporation, Plaintiff and Appellant, v. Diane L. DONNELLY and George Donnelly, Trustees of the Diane L. Donnelly Living Trust, and Diane Donnelly, individually, Defendants and Appellees.

Supreme Court of South Dakota.

Decided April 14, 1999.

Attorney(s) appearing for the Case

Carlyle Richards, Richards & Oliver, Aberdeen, South Dakota, for plaintiff and appellant.

Gary J. Pashby, Lisa Hansen Marso, Boyce, Murphy, McDowell & Greenfield, Sioux Falls, South Dakota, for defendants and appellees.

MILLER, Chief Justice.

[¶ 1.] Coffee Cup Fuel Stops and Convenience Stores, Inc. brought an action against Diane and George Donnelly seeking specific performance of an option contract to purchase real property. The trial court granted summary judgment to Donnellys. We reverse and remand.

FACTS

[¶ 2.] Coffee Cup, a closely held South Dakota corporation, is engaged in the convenience store and petroleum business in South Dakota, North Dakota...

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