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KERNELBURNER, L.L.C. v. MITCHHART MFG. INC.

No. 24995.

765 N.W.2d 740 (2009)

2009 SD 33

KERNELBURNER, L.L.C., a South Dakota Limited Liability Company, Paul D. Iburg and Paul Hofer, Jr., Plaintiffs and Appellees, v. MITCHHART MANUFACTURING, INC., a South Dakota Corporation, Scott Paulson, Chad Clites, Mike Fokken and Scott Fokken, Defendants and Appellants.

Supreme Court of South Dakota.

Decided May 6, 2009.

Attorney(s) appearing for the Case

Michael E. Unke, Salem, for plaintiffs and appellees.

Mike C. Fink, Bridgewater, for defendants and appellants.

MEIERHENRY, Justice.

[¶ 1.] Kernelburner, LLC, Paul Iburg and Paul Hofer, Jr. (collectively Sellers) initiated an action for breach of contract against MitchHart Manufacturing, Inc., Scott Paulson, Chad Clites, Mike Fokken, and Scott Fokken (collectively Buyers) for failure to pay the final payment of $89,039.26 on an installment purchase agreement. Buyers counterclaimed for breach of contract, conversion, fraudulent...

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