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BALSTER v. WIPF

No. 22706.

672 N.W.2d 475 (2003)

2003 SD 135

Daryle BALSTER, Plaintiff and Appellee, v. Phil WIPF, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 25, 2003.

Attorney(s) appearing for the Case

Ron J. Volesky, Wessington Springs, Attorney for plaintiff and appellee.

Casey N. Bridgman of Bridgman and Adel, Huron, Attorneys for defendant and appellant.

MEIERHENRY, Justice.

[¶ 1.] Daryle Balster and Phil Wipf had various business arrangements involving farming and livestock. Balster brought this action claiming nonpayment of rent. Wipf counterclaimed alleging breach of express and implied contract. Balster filed a summary judgment motion. Wipf appeals the summary judgment dismissing his counterclaim. We reverse.

FACTS

[¶ 2.] In 1996 and 1997, Balster and Wipf had express contracts relating...

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