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JAS ENTERPRISES v. BBS ENTERPRISES, INC.

Nos. 26414, 26419.

835 N.W.2d 117 (2013)

2013 S.D. 54

JAS ENTERPRISES, INC., a South Dakota Corporation, Plaintiff and Appellant, v. BBS ENTERPRISES, INC., a South Dakota Corporation, Bradley Staton, Brian Staton, and Daniel Staton, Defendants, Third Party Plaintiffs and Appellees, v. JAS Enterprises, Inc., a South Dakota Corporation, and James Swaby, Third Party Defendants and Appellants.

Supreme Court of South Dakota.

Decided July 17, 2013.

Attorney(s) appearing for the Case

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

Steven C. Beardsley , Michael S. Beardsley , of Beardsley Jensen & Von Wald, Prof., LLC, Rapid City, South Dakota, Attorneys for defendants, third party plaintiffs and appellees.

SEVERSON, Justice.

[¶ 1.] On January 27, 2000, JAS Enterprises, Inc. (JAS) entered into a purchase agreement with BBS Enterprises, Inc. (BBS), which Bradley, Brian, and Daniel Staton signed as personal guarantors. JAS sued BBS and the Statons for breach of contract in February 2004. BBS and the Statons filed an answer and counterclaim. A trial was held in March 2012, resulting in a judgment of $100,000 for BBS and the Statons and a judgment of $67,000 for JAS...

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