Tri-City Assocsiates, LP v. Belmont, Inc.
South Dakota Supreme Court
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…
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