Legal Opinion

Carr v. Benike, Inc.

South Dakota Supreme Court

Decided March 27, 1985No. 14633PublishedCited by 14 opinions

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…

2Cases cited21 opinions

  1. Kelly v. MillerSupreme Court of Pennsylvania · 1915
  2. United States v. George Schaeffer, Jr., and Elsie Schaeffer, His WifeCourt of Appeals for the Ninth Circuit · 1963
  3. Jensen v. Pure Plant Food International, Ltd.South Dakota Supreme Court · 1979
  4. Kindley v. WilliamsSouth Dakota Supreme Court · 1956
  5. Kuhfeld v. KuhfeldSouth Dakota Supreme Court · 1980

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

3Cited by14 opinions

  1. Sanford v. SanfordSouth Dakota Supreme Court · 2005
  2. Flynn v. LockhartSouth Dakota Supreme Court · 1995
  3. Noble v. Am. Nat'l Prop.United States District Court · 2018
  4. Roth v. RothSouth Dakota Supreme Court · 1997
  5. Clements v. GabrielSouth Dakota Supreme Court · 1991

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

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