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VON STERNBERG v. CAFFEE

No. 23104.

692 N.W.2d 549 (2005)

2005 SD 14

A. Carl VON STERNBERG and Mark A. Von Sternberg, Plaintiffs and Appellants, v. Lawrence CAFFEE, Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 26, 2005.

Attorney(s) appearing for the Case

Casey N. Bridgman of Bridgman and Adel, Wessington Springs, South Dakota, Attorneys for plaintiffs and appellants.

Kent Shelton of Churchill, Manolis, Freeman, Kludt, Shelton & Burns, Huron, South Dakota, Attorneys for defendant and appellee.

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.

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