Club Buffet Bar, Inc. v. Lilienthal

In this action, Club Buffet Bar, Inc. (Club Buffet Bar), seeks to repossess real and personal property and a liquor license financed through a contract for deed. The District Court for the Sixteenth Judicial District, Rosebud County, granted summary judgment to Club Buffet Bar. The buyer, Ray Lilienthal, appeals. We affirm and remand for determination of the amount of attorney fees to be awarded to Club Buffet Bar.

The issue on appeal is whether material issues of fact bar summary judgment on Lilienthal’s counterclaims.

In 1980, Ray Lilienthal contracted to purchase from Club Buffet Bar a…