Legal Opinion

Ziegler Furniture & Funeral Home, Inc. v. Cicmanec

South Dakota Supreme Court

Decided January 18, 2006No. 23520PublishedCited by 56 opinions

1Opinion of the Court

KONENKAMP, Justice.

[¶ 1.] In this breach of contract action, we are asked to decide, among other things, whether the parties formed an enforceable purchase agreement. After a trial, the circuit court ruled that only an option contract was formed and that it was unenforceable. Although it was labeled as an option contract, it had all the elements of a purchase agreement, and the parties treated it as a purchase agreement. Therefore, we reverse and remand.

Background

[¶ 2.] Since its founding, Ziegler Furniture and Funeral Home, Inc. has been the only funeral home serving Martin, South Dakota and…

2Cases cited26 opinions

  1. Teachers Insurance & Annuity Ass'n of America v. Tribune Co.District Court, S.D. New York · 1987
  2. Alverson v. Northwestern National Casualty Co.South Dakota Supreme Court · 1997
  3. Enchanted World Doll Museum v. BuskohlSouth Dakota Supreme Court · 1986
  4. Pesicka v. PesickaSouth Dakota Supreme Court · 2000
  5. City of Sioux Falls v. Henry Carlson Co.South Dakota Supreme Court · 1977

21 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. Vander Heide v. Boke Ranch, Inc.South Dakota Supreme Court · 2007
  2. Pauley v. SimonsonSouth Dakota Supreme Court · 2006
  3. Dowling Family Partnership v. Midland Farms, LLCSouth Dakota Supreme Court · 2015
  4. Lamore Restaurant Group, LLC v. AkersSouth Dakota Supreme Court · 2008
  5. Advanced Recycling Systems, LLC v. Southeast Properties Ltd. PartnershipSouth Dakota Supreme Court · 2010

51 more not listed; retrieve them via the Exa API.

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