OLSEN v. AIRHEART

No. 18763.

531 N.W.2d 571 (1995)

Ray S. OLSEN, Plaintiff and Appellant, v. Robert J. AIRHEART and Beverly I. Airheart, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 10, 1995.

Rehearing Denied June 19, 1995.


Attorney(s) appearing for the Case

Verne Thorstenson, Thorstenson Law Office, Rapid City, for plaintiff and appellant.

Wayne F. Gilbert of Johnson Huffman, P.C. Rapid City, for defendants and appellees.


SABERS, Justice.

Olsen and Airheart entered into (1) a cow-calf agreement and (2) an oral farm ASCS partnership agreement. Airheart gave Olsen notice of termination after his marriage began to dissolve. Olsen sued and Airheart counterclaimed. The trial court assessed some damages on each party for breach of agreement. We reverse and remand to the trial court.

FACTS

Ray Olsen (Olsen) and Robert and Beverly Airheart (Airheart) are farmers/ranchers...

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