KADRMAS, LEE AND JACKSON, INC. v. MORRIS

No. 25289.

786 N.W.2d 381 (2010)

2010 SD 61

KADRMAS, LEE AND JACKSON, INC., a North Dakota Corporation, Plaintiffs and Appellees, v. Mitch MORRIS a/k/a Mitchel E. Morris, individually and doing business as Morris Ranch Group, Defendants and Appellants.

Supreme Court of South Dakota.

Decided July 21, 2010.


Attorney(s) appearing for the Case

Ronda Miller, Belle Fourche, South Dakota, for plaintiffs and appellees.

Brad A. Schreiber, Pierre, South Dakota, for defendants and appellants.


KONENKAMP, Justice.

[¶ 1.] In this breach of contract action, plaintiff alleged that defendant failed to pay on two written contracts, but defendant claimed that he paid a $10,000 retainer on those contracts. Plaintiff responded that the $10,000 payment was on an oral contract that had been completed. The circuit court instructed the jury that if it found that the oral contract existed, "the $10,000 must be applied to the claim for work performed under that contract...

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