Legal Opinion

Jurrens v. Lorenz Manufacturing Co. of Benson

South Dakota Supreme Court

Decided May 20, 1998No. 20116PublishedCited by 10 opinions

1Opinion of the Court

KONENKAMP, Justice.

[¶ 1.] After his commission agreement expired, a salesperson continued working without a written contract. When he was terminated five years later, his firm refused to pay him commissions on pending invoices pursuant to the terms of the former written agreement. At trial, the circuit court granted a directed verdict for the firm holding that no commissions were due. Because the parties continued business without the benefit of a written contract, adhering to some of the provisions of their expired agreement but not others, should the precise terms of any implied contract be…

2Cases cited26 opinions

  1. Loyd S. DACE, Appellant, v. ACF INDUSTRIES, INC., AppelleeCourt of Appeals for the Eighth Circuit · 1984
  2. Sabag v. Continental South DakotaSouth Dakota Supreme Court · 1985
  3. Bauman v. AuchSouth Dakota Supreme Court · 1995
  4. Chariton Feed and Grain, Inc. v. HarderSupreme Court of Iowa · 1985
  5. Martin v. CampanaroCourt of Appeals for the Second Circuit · 1946

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3Cited by10 opinions

  1. Setliff v. AkinsSouth Dakota Supreme Court · 2000
  2. In Re Estate of RegennitterSouth Dakota Supreme Court · 1999
  3. McDonough v. KahleSouth Dakota Supreme Court · 1999
  4. Garland v. RossknechtSouth Dakota Supreme Court · 2001
  5. Jurrens v. LORENZ MFG. OF BENSON, MINN.South Dakota Supreme Court · 1998

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