Detmers v. Costner

Civ. 09-60 (2011)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Detmers v. Costner

South Dakota Circuit Court
Civ. 09-60 (2011)

SC

Facts

Kevin Costner (defendant) sought to build a resort in South Dakota. Costner hired Peggy Detmers (plaintiff) to sculpt several bronze sculptures of bison to be displayed at the entrance to the resort. After delays in the construction of the resort, Detmers wondered whether it would ever be built. Because of these concerns, Detmers stopped working on the sculptures. In 2000 the parties agreed to a new contract under which Detmers agreed to complete the sculptures. As part of the new agreement, Costner promised that if the resort was not completed within 10 years “or the sculptures [were] not agreeably displayed elsewhere,” he would give Detmers 50 percent of the profits realized from a sale of the sculptures. Ultimately, Costner built Tatanka, a visitor center and museum on part of the land originally planned for the resort. Costner decided to display the bronze sculptures at Tatanka. Detmers was involved in this decision and helped to plan the exact placement of the sculptures. Tatanka opened in 2003. Because the resort remained unbuilt, Detmers sued Costner for breach of contract, seeking specific performance, including a sale of the sculptures. Among other things, Detmers claimed that because Tatanka was on the property intended for the resort, the sculptures had not been placed elsewhere under the terms of the parties’ 2000 agreement. Detmers testified that she did not tell Costner that she ever disagreed with displaying the sculptures at Tatanka.

Rule of Law

Issue

Holding and Reasoning (Macy, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 807,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 807,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 807,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership