VOORHEES CATTLE CO. v. DAKOTA FEEDING CO.

No. 27124.

868 N.W.2d 399 (2015)

2015 S.D. 68

VOORHEES CATTLE COMPANY, LLP, d/b/a Onida Feeding Company, a South Dakota limited liability partnership, Plaintiff, v. DAKOTA FEEDING COMPANY, LLC, a South Dakota limited liability company; Onida Feeding Company, LLC, a South Dakota limited liability company; Scott Mathison, individually; and Rick Jensen, individually, Defendants. and Dakota Feeding Company, LLC, a South Dakota limited liability company, Defendant, Third Party Plaintiff and Appellant, v. Patrick Voorhees, individually; Merlin Voorhees, individually, Third Party Defendants, and B and B Equipment, Inc., a South Dakota Corporation, Third Party Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 29, 2015.


Attorney(s) appearing for the Case

Mark A. Moreno of Moreno, Lee & Bachand, P.C., William M. Van Camp of Olinger, Lovald, McCahren & Reimers, P.C., Pierre, South Dakota, Attorneys for defendant, third party plaintiff and appellant.

Robert B. Anderson of May, Adam, Gerdes & Thompson, Pierre, South Dakota, Attorneys for third party defendant and appellee.


[¶ 1.] This case arose out of a foreclosure action brought by Voorhees Cattle Co. (Voorhees) against Dakota Feeding Co. (DFC). In its answer to the complaint, DFC filed a third party complaint against B and B Equipment, Inc. (B & B) for breach of contract; B & B counterclaimed alleging impossibility of performance...

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