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.












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