Legal Opinion

Von Sternberg v. Caffee

South Dakota Supreme Court

Decided January 26, 2005No. NonePublishedCited by 12 opinions

1Opinion of the Court

KONENKAMP, Justice.

[¶ 1.] In this dispute over a farm management and cattle partnership contract, we conclude that the trial court should not have allowed defendant to offer evidence about an alleged oral modification to the contract because, in the circumstances of this case, the written contract could be modified only by a contract in writing. We affirm in part, reverse in part, and remand for a new trial on defendant’s counterclaim.

Background

[¶ 2.] A. Carl and Mark A. Von Stern-berg (plaintiffs) own a farm in Buffalo County, South Dakota. On December 18, 1999, Lawrence Caffee (defendant)…

2Cases cited20 opinions

  1. Drier v. Perfection, Inc.South Dakota Supreme Court · 1977
  2. K & E Land and Cattle, Inc. v. MayerSouth Dakota Supreme Court · 1983
  3. In Re the Estate of DokkenSouth Dakota Supreme Court · 2000
  4. First Premier Bank v. Kolcraft Enterprises, Inc.South Dakota Supreme Court · 2004
  5. Hayes v. Northern Hills General HospitalSouth Dakota Supreme Court · 1999

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3Cited by12 opinions

  1. Papke v. HarbertSouth Dakota Supreme Court · 2007
  2. Lord v. Hy-Vee Food StoresSouth Dakota Supreme Court · 2006
  3. Steffen v. Schwan's Sales Enterprises, Inc.South Dakota Supreme Court · 2006
  4. Hot Stuff Foods, LLC v. Houston Casualty CompanyCourt of Appeals for the Eighth Circuit · 2014
  5. FB & I Building Products, Inc. v. Superior Truss & ComponentsSouth Dakota Supreme Court · 2007

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

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