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JOHNSON v. COSS

No. 22556.

667 N.W.2d 701 (2003)

2003 SD 86

George D. JOHNSON and Johnson Ford Lincoln-Mercury, Inc., Plaintiffs and Appellees, v. Lawrence COSS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 23, 2003.

Attorney(s) appearing for the Case

Kenneth E. Barker, John W. Burke of Barker, Wilson, Reynolds & Burke, LLP, Belle Fourche, South Dakota, Attorneys for plaintiffs and appellees.

Robert B. Anderson of May, Adam, Gerdes and Thompson, Pierre, South Dakota, Attorneys for defendant and appellant.

ZINTER, Justice.

[¶ 1.] Lawrence Coss entered into an agreement to purchase George Johnson's,1 auto dealership. The agreement was conditioned on Ford Motor Company's transfer of its franchise from Johnson to Coss. After several months, Coss notified both Johnson and Ford that the agreement could not be completed because Coss could not meet Ford's franchise transfer requirements. Johnson subsequently commenced this action for breach...

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