Legal Opinion
Martschinske v. Olympic Styles, Inc.
District Court, D. South Dakota
Decided December 26, 1984No. Civ. 81-1020PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION
DONALD J. PORTER, Chief Judge.
CASE SUMMARY
Plaintiff was involved in a franchise agreement with defendants. Defendants terminated the agreement, and plaintiff sued for rescission. The court finds, after a bench trial, that plaintiff is not entitled to rescission, but that judgment must be entered against plaintiff on defendants’ counterclaim for fees owing under the agreement.
FACTUAL SUMMARY
The facts underlying this diversity action span most of the 1970’s. Plaintiff, 1 who at most times pertinent here was a trooper with the South Dakota Highway Patrol, began a part-time…
2Cases cited17 opinions
- George Arnott v. The American Oil Company, a CorporationCourt of Appeals for the Eighth Circuit · 1979
- Schmidt v. Wildcat Cave, Inc.South Dakota Supreme Court · 1977
- Aschoff v. Mobil Oil Corp.South Dakota Supreme Court · 1977
- Runyan v. Pacific Air Industries, Inc.California Supreme Court · 1970
- Moore v. Kluthe & Lane Ins. Agency, Inc.South Dakota Supreme Court · 1975
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Nielsen v. McCabeSouth Dakota Supreme Court · 1989
- Days Inns of America Franchising, Inc. v. Gainesville P-H Properties, Inc. (In Re Gainesville P-H Properties, Inc.)United States Bankruptcy Court, M.D. Florida · 1987
- Maier-Schule GMC, Inc. v. General Motors Corp.District Court, W.D. New York · 1994
- Cornett v. Manufacturers Hanover Trust Co.District Court, S.D. New York · 1988
- Stern Oil Co. v. BrownSouth Dakota Supreme Court · 2012
1 more not listed; retrieve them via the Exa API.