Legal Opinion

Tri-City Assocsiates, LP v. Belmont, Inc.

South Dakota Supreme Court

Decided April 16, 2014No. 26755PublishedCited by 26 opinions

1Opinion of the Court

ZINTER, Justice.

[¶ 1.] Belmont, Inc. leased unfinished commercial real-estate space from TriCity Associates, L.P. The parties later filed claims against each other for breach of the lease. The circuit court entered a judgment in favor of Belmont on all claims. The court reasoned that although both parties failed to fulfill certain obligations under the lease, Tri-City materially breached the lease, thus excusing Belmont from performance. Tri-City appeals contending that its failure to complete its initial construction obligations and its failure to deliver the space in “broom clean” condition…

2Cases cited15 opinions

  1. Schuldies v. MillarSouth Dakota Supreme Court · 1996
  2. Canyon Lake Park, L.L.C. v. Loftus Dental, P.C.South Dakota Supreme Court · 2005
  3. Daniel E. Terreri & Sons, Inc. v. Mahoning County Board of CommissionersOhio Court of Appeals · 2003
  4. Eagle Ridge Estates Homeowners Ass'n v. AndersonSouth Dakota Supreme Court · 2013
  5. Poeppel v. LesterSouth Dakota Supreme Court · 2013

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3Cited by26 opinions

  1. Stern Oil Co. v. BrownSouth Dakota Supreme Court · 2018
  2. Coffey v. CoffeySouth Dakota Supreme Court · 2016
  3. Hot Stuff Foods, LLC v. Houston Casualty CompanyCourt of Appeals for the Eighth Circuit · 2014
  4. Burgi v. East Winds Court, Inc.South Dakota Supreme Court · 2022
  5. Wilbur-Ellis Company v. Kevin EriksonCourt of Appeals for the Eighth Circuit · 2024

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

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