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HEIN v. ZOSS

No. 27530.

887 N.W.2d 62 (2016)

2016 S.D. 73

Rebecca J. HEIN and Goldie N. Burnham, Individually, and Goldie N. Burnham, as Personal Representative of the Estate of Margaret L. Zoss, deceased, Plaintiffs and Appellees, v. Fred M. ZOSS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 19, 2016.

Attorney(s) appearing for the Case

Paul H. Linde of Schaffer Law Office, Prof, LLC Sioux Falls, South Dakota and Mike C. Fink of Fink Law Office Bridgewater, South Dakota, Attorneys for plaintiffs and appellees.

Ronald A. Parsons, Jr. , Pamela R. Reiter of Johnson, Janklow, Abdallah, Reiter & Parsons, LLP Sioux Falls, South Dakota, Attorneys for defendant and appellant.

[¶ 1.] A jury found Fred Zoss liable to Rebecca Hein and Goldie Burnham for breach of contract. It also found that Zoss breached his fiduciary duties to Margaret Zoss. On appeal, Zoss alleges that the circuit court erroneously excluded evidence. We reverse and remand for a new trial.

Background

[¶ 2...

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