Fenske Media Corp. v. Banta Corp.

KONENKAMP, Justice.

[¶ 1.] We are confronted with the question whether the circuit court acted properly in dismissing this case under SDCL 15 — 6—12(b)(5) on the ground that plaintiff had signed a release in an earlier lawsuit against the same defendant, resulting in the dismissal of that lawsuit with prejudice. Because the plaintiffs allegations, taken as true, fail to state any viable legal theory to overcome the broad language of the release, we affirm.

Background

[¶ 2.] Fenske Media Corporation and Banta Corporation contracted for Fenske to print textbooks. The total value of the contract…