Caneva v. Miners and Merchants Bank

FOSHEIM, Chief Justice.

This is an appeal from a summary judgment in favor of the appellees. We affirm in part, reverse in part and remand.

Francis Caneva (appellant) is a partner in the Brunswick Building Corporation which owned certain property in Deadwood, South Dakota. In 1977, appellant leased this property to Appellees David and Donna Workman (Workmans) and their two sons. The lease was for a term of five years with a rental of $400 per month. The retail business Workmans established on the leased premises was sold by them to Gene Melton. As part of this sale, an agreement to pay rent was…