Legal Opinion

Balster v. Wipf

South Dakota Supreme Court

Decided November 25, 2003No. NonePublishedCited by 2 opinions

1Opinion of the Court

MEIERHENRY, Justice.

[¶ 1.] Daryle Balster and Phil Wipf had various business arrangements involving fanning and livestock. Balster brought this action claiming nonpayment of rent. Wipf counterclaimed alleging breach of express and implied contract. Balster filed a summary judgment motion. Wipf appeals the summary judgment dismissing his counterclaim. We reverse.

FACTS

[¶ 2.] In 1996 and 1997, Balster and Wipf had express contracts relating to several business arrangements. First, they entered into a share agreement on livestock. The parties agree that Balster was to provide cows and bulls,…

2Cases cited2 opinions

  1. Hasse v. Fraternal Order of Eagles 2421 of VermillionSouth Dakota Supreme Court · 2003
  2. VAN DE WALLE & ASSOC. v. BusemanSouth Dakota Supreme Court · 2003

3Cited by2 opinions

  1. First Dakota National Bank v. Performance Engineering & Manufacturing, Inc.South Dakota Supreme Court · 2004
  2. Leslie v. Hy-Vee Foods, Inc.South Dakota Supreme Court · 2004

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