Legal Opinion

FB & I Building Products, Inc. v. Superior Truss & Components

South Dakota Supreme Court

Decided January 24, 2007No. 24000PublishedCited by 11 opinions

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 &…

2Cases cited15 opinions

  1. James M. Robinette v. Commissioner of the Internal Revenue ServiceCourt of Appeals for the Eighth Circuit · 2006
  2. Ziegler Furniture & Funeral Home, Inc. v. CicmanecSouth Dakota Supreme Court · 2006
  3. McKie v. HuntleySouth Dakota Supreme Court · 2000
  4. Hofeldt v. MehlingSouth Dakota Supreme Court · 2003
  5. S & S TRUCKING v. Whitewood Motors, Inc.South Dakota Supreme Court · 1984

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

3Cited by11 opinions

  1. Stern Oil Co. v. BrownSouth Dakota Supreme Court · 2018
  2. LaMar Advertising of South Dakota, Inc. v. Heavy Constructors, Inc.South Dakota Supreme Court · 2008
  3. Koopman v. City of EdgemontSouth Dakota Supreme Court · 2020
  4. In Re the Administration of the C.H. Young Revocable Living TrustSouth Dakota Supreme Court · 2008
  5. Peska Properties, Inc. v. Northern Rental Corp.South Dakota Supreme Court · 2022

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

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