Laber v. Koch

WUEST, Justice.

This is an appeal from a grant of summary judgment in an action for fraud and deceit and negligence in the sale of cattle to appellant. We reverse and remand for trial on the merits.

Appellant, Alois Laber (Laber), has run a farming and cattle-feeding operation near Delmont, South Dakota, since 1955. Appel-lee, Robert Koch (Koch), is an experienced cattle buyer and is paid a fee, by weight of the cattle purchased, for his cattle-buying services.

In May 1978, at Laber’s request, Koch, as an agent for Northwest Cattle Company of Rock Rapids, Iowa, purchased nine hundred fifty-seven…