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Judge rules in lawsuit over Sweet Shoppe sale

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News Mitchell,South Dakota 57301 http://www.mitchellrepublic.com/sites/all/themes/mitchellrepublic_theme/images/social_default_image.png
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Judge rules in lawsuit over Sweet Shoppe sale
Mitchell South Dakota 120 South Lawler 57301

A judge has ruled the former owners of the Sweet Shoppe & Deli are still owed more than $8,000 from the woman who bought the business in 2011.

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In a decision filed June 28, Judge Patrick Smith rules Ashleigh Nolz, of Mitchell, owes Luauna Dean, of Tualatin, Ore., and her husband, John, $8,000.10 plus interest for the purchase of the Sweet Shoppe. Nolz signed a purchase agreement for the Sweet Shoppe on Nov. 5, 2011, for $20,000, according to court documents.

Luauna Dean received $10,000 from Nolz on Nov. 19, 2011, about two weeks after the purchase agreement was signed, and both agreed the remaining $10,000 would be due by Dec. 1, 2011.

Dean sued Nolz last summer, seeking to recover the $10,000 Dean claimed she was still owed for the purchase of the business. Both parties agreed to a bench trial with a judge rather than a jury trial. The hearing was held June 3.

In his decision, Smith rules Dean met the requirements of the purchase agreement, but also found Nolz paid for several expenses during the transfer of the business that pre-dated the purchase agreement.

Those expenses are listed in the decision as follows: $861.42 for repairs to the sandwich prep-station, $153.70 for carpet cleaning and $550 for a wine license.

Nolz also paid $434.78 in credit card payments to the Deans' business account after taking over the business.

Altogether, that brings the total amount owed by Nolz to Dean to $8,000.10, according to the decision.

Smith rejected Nolz's claim that the Deans intentionally caused her emotional distress during and after the transfer of the business and awarded her no damages in that respect.

The Sweet Shoppe closed earlier this year and was replaced by a new business, Crazy About Cupcakes.

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