FB & I Building Products, Inc. v. Superior Truss & Components
South Dakota Supreme Court
1Opinion of the Court
KONENKAMP, Justice.
[¶ 1.] In this contract dispute over commissions, the circuit court ruled that one of the parties materially breached the contract, but the non-breaching party was still ordered to pay commissions to the breaching party. Because the contract specifically provided for such a remedy in the event the contract was cancelled for failure to meet any of its conditions, we affirm.
Background
[¶ 2.] Kermit Johnson formed FB & I Building Products, Inc. of Watertown, South Dakota. FB & I was solely in the business of selling building materials. Kermit contacted Superior Truss &…
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