S.W. Croes Family Trust v. Small Business Administration

(on reassignment).

This appeal concerns procedural issues arising in an action commenced upon the default in a contract for the sale of a motel. In affirming the trial court we hold that it did not commit reversible error in (1) dismissing appellants’ cross-claim grounded in fraud and deceit, (2) denying appellants’ motion to amend their cross-claim, and (3) granting summary judgment in favor of appellees on their cross-claim.

FACTS AND PROCEDURAL HISTORY

In December 1982, S.W. Croes sold the Luxury Lodge motel in Spearfish, South Dakota, to Carl J. and Gregory C. Sheesley and Hans Pfeiffer…