Charles W. Weiss, F/d/b/a Black Hills Catering Service, Plaintiff and Appellant v. Robert Van Norman, Defendant And…

Summary

The South Dakota Supreme Court affirmed summary judgment for realtor Kahler, holding that attorney Van Norman’s alleged advice did not cause the plaintiff’s obligation to pay the commission and that the listing agreement was never terminated by mutual assent. The court reasoned the commission obligation was contractual and existed before the advice, and thus no genuine issue of material fact existed.