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FB & I BLDG. PRODUCTS v. SUPERIOR TRUSS

No. 24000.

727 N.W.2d 474 (2007)

2007 SD 13

FB & I BUILDING PRODUCTS, INC., Plaintiff and Appellee, and Michael Johnson, Defendant, v. SUPERIOR TRUSS & COMPONENTS, A DIVISION OF BANKS LUMBER, INC., and Banks Lumber, Inc., Defendants and Appellants.

Supreme Court of South Dakota.

Decided January 24, 2007.

Attorney(s) appearing for the Case

Scott N. Heidepriem, Ronald A. Parsons, Jr., Shannon R. Falon of Johnson, Heidepriem, Miner, Marlow and Janklow, Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Richard J. Helsper, Jody Odegaard Smith of Glover & Helsper, Brookings, South Dakota, Attorneys for defendants and appellants.

KONENKAMP, Justice.

[¶ 1.] In this contract dispute over commissions, the circuit court ruled that one of the parties materially breached the contract, but the non-breaching party was still ordered to pay commissions to the breaching party. Because the contract specifically provided for such a remedy in the event the contract was cancelled for failure to meet any of its conditions, we affirm.

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