Carr v. Benike, Inc.
South Dakota Supreme Court
1Opinion of the Court
WUEST, Acting Justice.
This appeal involves an action for breach of a farm lease agreement. The trial court held that lessee breached the lease and rendered judgment in favor of lessor in the amount of $21,938.08. We remand to the trial court to consider an abatement of lessor’s damages.
Lessors Robert Carr, William Maher, and Curtis Sorum, a partnership doing business as Aqua Four (appellees), entered into a written farm lease with Benike, Inc. and Dave Benike (appellants) on April 7, 1982 for two years. Under the terms of the lease, appellants were to farm one-half section of land in Spink…
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