Legal Opinion
Kahler, Inc. v. Weiss
South Dakota Supreme Court
Decided November 1, 1995No. 19069PublishedCited by 13 opinions
1Opinion of the Court
KONENKAMP, Justice.
A realtor sued to collect a commission on the sale of a business. The seller asserted the exclusive listing agreement was unenforceable after its term expired, and alternatively, that the realtor failed to substantially perform. The trial court granted the realtor’s motion for summary judgment. We affirm in part, reverse in part and remand.
FACTS
Charles Weiss owned a catering business. The business was divided into two distinct functions: local catering and fire season catering. Weiss and his wife, Carol, signed an exclusive listing agreement with Kahler, Inc. (Kahler), a…
2Cases cited13 opinions
- Wilson v. Great Northern Railway CompanySouth Dakota Supreme Court · 1968
- Garrett v. BankWest, Inc.South Dakota Supreme Court · 1990
- Bego v. GordonSouth Dakota Supreme Court · 1987
- American Property Services, Inc. v. BarringerSouth Dakota Supreme Court · 1977
- Bismarck Realty Co. v. FoldenNorth Dakota Supreme Court · 1984
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bell v. FowlerCourt of Appeals for the Eighth Circuit · 1996
- Weiss v. Van NormanSouth Dakota Supreme Court · 1997
- Auto-Owners Insurance Co. v. Hansen Housing, Inc.South Dakota Supreme Court · 2000
- Crye-Leike, Inc. v. Sarah A. CarverCourt of Appeals of Tennessee · 2011
- Sabhari v. SapariSouth Dakota Supreme Court · 1998
8 more not listed; retrieve them via the Exa API.