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LAMORE RESTAURANT GROUP, LLC v. AKERS

No. 24650.

748 N.W.2d 756 (2008)

2008 S.D. 32

LaMORE RESTAURANT GROUP, LLC and Kenneth Herslip, Plaintiffs and Appellees, v. Robert AKERS and Cynthia Akers, Defendants and Appellants.

Supreme Court of South Dakota.

Decided April 16, 2008.

Attorney(s) appearing for the Case

John K. Nooney of Nooney Solay & VanNorman, LLP, Rapid City, South Dakota, Attorneys for plaintiffs and appellees.

Courtney R. Clayborne and Michael K. Sabers of Clayborne, Loos, Strommen & Sabers, LLP, Rapid City, South Dakota, Attorneys for defendants and appellants.

BARNETT, Circuit Judge.

[¶ 1.] Robert and Cynthia Akers (Akers) appeal from a judgment holding that Akers and LaMore Restaurant Group, LLC and Kenneth Herslip (collectively LaMore) had entered into a binding contract for the sale of two Rapid City, South Dakota, commercial properties with the price to be set by a first and third appraiser, notwithstanding the absence of a specified date for the appraisals. Akers also appeal from that part of the judgment setting...

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