Boxa v. Vaughn

SABERS, Justice.

[¶ 1.] Plaintiff purchasers 1 brought suit against Paul Vaughn for damages, alleging that he sold purchasers unregistered business opportunities in violation of the Busi ness Opportunities Act (Act). SDCL 37-25A-7. Vaughn did not dispute that he sold the purchasers unregistered business opportunities but he raised the affirmative defenses of waiver and failure to mitigate damages. Purchasers moved for directed verdict at the close of Defendant’s evidence arguing that (1) the affirmative defense of waiver was not permissible under the Act. The trial court agreed and granted…