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STALLINGS v. OWENS

No. 21943.

646 N.W.2d 272 (2002)

2002 SD 63

Troy STALLINGS, Jane Shorma, and Creative Building Corporation, Plaintiffs and Appellants, v. Leycester OWENS, Jr., Helen Owens and James Reynolds, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 22, 2002.

Attorney(s) appearing for the Case

Rick Johnson of Johnson, Eklund, Nicholson & Peterson, Gregory, South Dakota, David V. Vrooman, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellants.

James E. McMahon, Sioux Falls, South Dakota, Tamara A. Wilka of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, South Dakota, Attorneys for defendants and appellees Owens.

Michael L. Luce, Melissa C. Hinton of Davenport, Evans, Hurwitz & Smith, Sioux Falls, South Dakota, Attorneys for defendants and appellees Reynolds.

KONENKAMP, Justice.

[¶ 1.] A developer discussed with the landowners the potential sale of their land conditioned on the feasibility of obtaining sufficient lot purchasers and local government approval. When the developer obtained commitments for lot purchases and offered the landowners their asking price, the landowners nevertheless decided to sell the land to a neighbor. The developer sued the landowners for breach of an oral joint venture agreement and sued...

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