Destination Yachts, Inc., and Sheldon Graber v. Shirley Pierce and Al Burnham

Mathias, Judge.

[1] Shirley Pierce ("Pierce") and Al Burnham ("Burnham") (collectively "the Purchasers") bought a houseboat manufactured and sold by Destination Yachts, Inc. ("DYI"). Thereafter, the Purchasers filed a complaint in Daviess Circuit Court against DYI and its president, Sheldon Graber *647 ("Graber") (collectively "the Defendants"), alleging various contract and tort claims arising out of their purchase of the houseboat. The Defendants subsequently filed a motion to dismiss the Purchasers' claims, arguing inter alia that the purchase agreement was subject to a mandatory, binding…