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LIEBIG v. KIRCHOFF

Nos. 26840, 26841, 26893.

851 N.W.2d 743 (2014)

2014 S.D. 53

Shane LIEBIG, Plaintiff and Appellee, and Concerning, Lieben Promotions, LLC, a South Dakota Limited Liability Company, Kenneth Reinert, and Spearfish Excavating, Inc., a South Dakota Corporation, Interested Parties, v. Edward C. KIRCHOFF and Cross Country Real Estate, LLC, a Wyoming Limited Liability Company, Defendants and Appellants, and William J. "Bill" Keester, Defendant.

Supreme Court of South Dakota.

Decided July 23, 2014.

Attorney(s) appearing for the Case

Thomas E. Brady , Eric T. Davis of Brady Pluimer, PC, Spearfish, South Dakota, Attorneys for plaintiff and appellee.

John K. Nooney , Robert J. Galbraith of Nooney Solay & Van Norman, LLP, Rapid City, South Dakota, Attorneys for defendants and appellants.

ZINTER, Justice.

[¶ 1.] Shane Liebig sued Edward Kirchoff for specific performance of an alleged oral contract to purchase real property owned by Kirchoff. Liebig also sued for fraud and deceit. Kirchoff counterclaimed for "unjust enrichment/quantum meruit" arising out of Liebig's use of the property. After a bench trial, the circuit court denied Liebig's claim for enforcement of the alleged contract. A jury determined the remaining claims. The jury awarded Liebig...

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