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BERBOS v. BERBOS

28570.

921 N.W.2d 475 (2018)

2018 S.D. 82

Joe BERBOS and Lisa Berbos, Individuals, Joe Berbos Real Estate Limited Partnership, a South Dakota Limited Partnership, and Joe Berbos Management, LLC, a South Dakota Limited Liability Company, Plaintiffs and Appellees, v. Nick BERBOS, an Individual, Berbos Farms General Partnership, a South Dakota General Partnership, Nick Berbos Real Estate Limited Partnership, a South Dakota Limited Partnership, Defendants and Appellees, Nick Berbos Management, LLC, a South Dakota Limited Partnership, and Victoria Perry, Individually, and Craig Perry and James Perry, Surviving Trustees of the Trust created by the Last Will and Testament of Gerald Perry, Deceased, Applicants and Appellants.

Supreme Court of South Dakota.

OPINION FILED December 12, 2018.

Attorney(s) appearing for the Case

SANDER J. MOREHEAD of Woods, Fuller, Shultz & Smith, P.C., Sioux Falls, South Dakota, Attorneys for plaintiffs and appellees.

REED RASMUSSEN of Siegel, Barnett & Schutz, LLP, Aberdeen, South Dakota, Attorneys for defendants and appellees.

CARLYLE RICHARDS of Richards, Tonner, Oliver, Fischbach & Dell, LLP, Aberdeen, South Dakota Attorneys for applicants and appellants.

[¶ 1.] Landowners Victoria Perry, Craig Perry, and James Perry (Appellants) entered into a farm lease/cash rent agreement with Berbos Farms General Partnership (Berbos Farms). Joe and Lisa Berbos and Nick Berbos were partners in Berbos Farms. Appellants sued Berbos Farms to recover unpaid cash rent under the lease...

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