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STERN OIL CO., INC. v. BROWN

No. 25766.

817 N.W.2d 395 (2012)

2012 S.D. 56

STERN OIL COMPANY, INC., Plaintiff and Appellee, v. James R. BROWN d/b/a Exxon Goode To Go and Freeway Mobil, Defendants and Appellants.

Supreme Court of South Dakota.

Reassigned April 24, 2012.

Decided July 3, 2012.

Attorney(s) appearing for the Case

Michael D. Bornitz , William D. Sims of Cutler & Donahoe, LLP, Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Matthew S. McCaulley , Rochelle R. Sweetman of Murphy, Goldammer & Prendergast, LLP, Sioux Falls, South Dakota and Ronald A. Parsons, Jr. of Johnson, Heidepriem & Abdallah, LLP, Sioux Falls, South Dakota, Attorneys for defendants and appellants.

GILBERTSON, Chief Justice (on reassignment).

[¶ 1.] Stern Oil argues that James Brown contracted to purchase a minimum amount of fuel for his two convenience stores from Stern Oil for a ten-year period. When Brown notified Stern Oil that he would no longer purchase its fuel, Stern Oil initiated this breach of contract action. Brown filed a counterclaim, alleging fraudulent inducement. The circuit court granted Stern Oil's motion for summary judgment on both the...

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