Haberer v. Rice

McMURCHIE, Circuit Judge.

This appeal is one of a continuing saga: Haberer v. First Bank of South Dakota, 429 N.W.2d 62 (S.D.1988) and Haberer v. Rice, 476 N.W.2d 276 (S.D.1991).

In Haberer v. First Bank, supra, this Court held that when the bank had earlier sued Haberer to foreclose on a note executed by Haberer and the bank, Haberer’s action against the bank for allegedly breaching an agreement to lend Haberer $150,000 was a compulsory counterclaim to the bank’s original action and could not be separately pursued. Summary judgment for the bank was affirmed because Haberer failed to raise his…