Legal Opinion · Dissent

Stern Oil Co. v. Brown

South Dakota Supreme Court

Decided July 3, 2012No. 25766Published

1DissentSeverson, Justice

[¶ 26.] I respectfully dissent. Brown alleges that Stern Oil fraudulently induced him to enter into the MFSAs and the BIPs by verbally guaranteeing a five-cent profit on every gallon of fuel he sold. In addressing this issue, the circuit court concluded that the parties’ negotiations regarding the MFSAs and the BIPs, including the alleged verbal guarantee of a five-cent per gallon profit, was inadmissible parol evidence. Without the evidence of the alleged verbal guarantee, the circuit court held that Brown’s fraudulent inducement claim failed as a matter of law.

[¶ 27.] The parol evidence…

2Cases cited27 opinions

  1. Waddell v. Dewey County BankSouth Dakota Supreme Court · 1991
  2. Bordeaux v. Shannon County SchoolsSouth Dakota Supreme Court · 2005
  3. Bertelsen v. Allstate Insurance Co.South Dakota Supreme Court · 2011
  4. Weitzel v. Sioux Valley Heart PartnersSouth Dakota Supreme Court · 2006
  5. St. Paul Fire & Marine Insurance Co. v. SchillingSouth Dakota Supreme Court · 1994

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