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TRUHE v. TURNAC GROUP, L.L.C.

No. 20631.

599 N.W.2d 378 (1999)

1999 SD 118

Marvin D. TRUHE, Plaintiff and Appellee, v. The TURNAC GROUP, L.L.C., a South Dakota Limited Liability Company, Defendant and Appellant.

Supreme Court of South Dakota.

Decided September 1, 1999.

Attorney(s) appearing for the Case

Edward C. Carpenter and Heather M. Lammers of Costello, Porter, Hill, Heisterkamp, Bushnell & Carpenter, Rapid City, South Dakota, Attorneys for plaintiff and appellee.

John K. Nooney and Penny Tibke Platnick of Morrill Thomas Nooney & Braun, LLP, Rapid City, South Dakota, Attorneys for defendant and appellant.

LOVRIEN, Circuit Judge.

[¶ 1.] This case concerns a dispute between Marvin Truhe (Tenant) and Turnac Group (Landlord), regarding a written contract allowing Tenant to lease space in a building owned by Landlord. The parties later orally agreed to cancel the lease despite a provision in the lease which required all modifications to the lease be in writing. The trial court found that despite this clause, the oral agreement effectively operated to cancel the lease...

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