Cook v. Rezek

Rezek’s answer and counterclaim plainly allege false representations of Juffer; the counterclaim alleges concealment of an existing agency between Cook and Juffer.

The issues of fraud and agent misbehavior were not addressed in Cook v. Rezek, 89 S.D. 667, 237 N.W.2d 18 (1975) nor was Juffer a party thereto.

The lower court granted a ■ motion for summary judgment in favor of Juffer and against Rezek based upon the doctrine of res judicata. This was error and I would reverse the trial court.

In Golden v. Oahe Enterprises, Inc., 90 S.D. 263, 276, 240 N.W.2d 102, 109 (1976), this court held that the…