South Dakota Supreme Court overturns award in fuel dispute - KSFY News - Sioux Falls, SD News, Weather, Sports

South Dakota Supreme Court overturns award in fuel dispute

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PIERRE, S.D. (AP) - A split South Dakota Supreme Court has overturned a lower court ruling that ordered the owner of two North Sioux City convenience stores to pay more than $925,000 in damages to a fuel supplier.

Stern Oil Co. sued for breach of contract when convenience store owner James R. Brown decided he would no longer purchase fuel from the company. Brown filed a counterclaim alleging that Stern Oil fraudulently induced him to enter the contract by verbally guaranteeing he would make a profit of 5 cents a gallon selling the fuel.

Circuit Judge Bradley Zell ruled in favor of Stern Oil after finding that a breach of contract occurred.

But the Supreme Court's majority ruling says further circuit court proceedings are needed to examine more evidence and settle disputes over facts.

(Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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