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STROMBERGER FARMS, INC. v. JOHNSON

#28827.

942 N.W.2d 249 (2020)

2020 S.D. 22

STROMBERGER FARMS, INC., a Nebraska Corporation, Plaintiff and Appellee, v. Corey JOHNSON, Defendant, Third-Party Plaintiff and Appellant, v. Bart Stromberger, Third-Party Defendant and Appellee.

Supreme Court of South Dakota.

OPINION FILED April 8, 2020.

Attorney(s) appearing for the Case

NATHAN R. CHICOINE of DeMersseman, Jensen, Tellinghuisen & Huffman, LLP, Rapid City, South Dakota, Attorneys for defendant, third-party plaintiff and appellant.

KENNETH E. BARKER of Barker Law Firm, LLC, Belle Fourche, South Dakota, Attorneys for plaintiff, third-party defendant and appellees.

[¶1.] On November 1, 2016, Stromberger Farms, Inc. (Stromberger Farms) purchased cows and calves from Cory Johnson, pursuant to the terms of a written agreement (Sales Agreement). The Sales Agreement required Stromberger Farms to pay for the cattle in three annual installments, with...

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