Legal Opinion · Dissent

Clements v. Gabriel

South Dakota Supreme Court

Decided June 26, 1991No. 17025Published

1DissentHenderson, Justice

Both the Clements and the Gabriels were represented by counsel when the contract was written. Counsel for each party had an opportunity to review the writing. Attorney Adam, representing the Clements, thoroughly reviewed the contract. The written agreement in question was drafted following a dinner meeting at which all parties, together with Attorney Freiberg, were present. True, Attorney Freiberg drafted the contract, but in accordance with the information he received from the Clements and Gabriels. Due to the input of Attorney Adam, who reviewed the contract, two provisions of the draft…

2Cases cited19 opinions

  1. Atwater Creamery Co. v. Western National Mutual Insurance Co.Supreme Court of Minnesota · 1985
  2. First National Bank of Minneapolis v. Kehn Ranch, Inc.South Dakota Supreme Court · 1986
  3. Arcon Construction Co. v. South Dakota Cement PlantSouth Dakota Supreme Court · 1984
  4. Rosebud Sioux Tribe v. A & P Steel, Inc.Court of Appeals for the Eighth Circuit · 1989
  5. Crestview Bowl, Inc. v. Womer Construction Co.Supreme Court of Kansas · 1979

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