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TRI-CITY ASSOCIATES, L.P. v. BELMONT, INC.

No. 26755.

845 N.W.2d 911 (2014)

2014 S.D. 23

TRI-CITY ASSOCIATES, LP, Plaintiff and Appellant, v. BELMONT, INC., a South Dakota corporation and Joseph Z. Erba, Defendants and Appellees.

Supreme Court of South Dakota.

Decided April 16, 2014.

Attorney(s) appearing for the Case

Mark F. Marshall of Bangs, McCullen, Butler, Foye & Simmons, LLP, Rapid City, South Dakota, Attorneys for plaintiff and appellant.

Stan H. Anker , Jordan D. Bordewyk of Anker Law Group, PC, Rapid City, South Dakota, Attorneys for defendants and appellees.

ZINTER, Justice.

[¶ 1.] Belmont, Inc. leased unfinished commercial real-estate space from Tri-City Associates, L.P. The parties later filed claims against each other for breach of the lease. The circuit court entered a judgment in favor of Belmont on all claims. The court reasoned that although both parties failed to fulfill certain obligations under the lease, Tri-City materially breached the lease, thus excusing Belmont from performance. Tri-City appeals contending...

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