Arter v. Spathas

These two causes of action concerning the sale of two Dairy Queen restaurants were consolidated for trial and on appeal. We affirm in part and reverse in part.

Both restaurants were owned by Paul and Theodora Arter (Arter), who sold them on installment contracts to John and Patricia Spathas (Spathas) in January, 1980. The businesses were located on land owned by and leased from entities that are not parties to these actions, and the leases were assigned by Arter to Spathas. In April, 1984, Spathas executed an earnest money agreement with William and Marianelly Skourtes (Skourtes) for the sale…