STROH v. TOWN OF JAVA

No. 17051.

463 N.W.2d 923 (1990)

Sheryl Randall STROH, Plaintiff and Appellee, v. TOWN OF JAVA, South Dakota, a Municipal Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 12, 1990.


Attorney(s) appearing for the Case

Mark K. Kroontje of Seiler & Cain, Herreid, for plaintiff and appellee.

R. Stephen Cowan of Von Wald Law Offices, Selby, for defendant and appellant.


PER CURIAM.

The town of Java (Java) appeals from a summary judgment in favor of Sheryl Stroh (Stroh) in her breach of contract action. We reverse and remand.

FACTS

Java owns a municipal bar. On November 16, 1988, Java and Stroh entered into a written "Bar Work Agreement" (contract), under which Stroh contracted to manage the bar. The contract was signed by Stroh and Arthur C. Frank (Frank), president of the Java town board. Stroh had considered leasing...

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