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Poeppel v. Lester

South Dakota Supreme Court
827 N.W.2d 580 (2013)


Rob Poeppel (plaintiff) signed a contract with Lucas Lester (defendant), agreeing to sell his 25 percent voting interest in Coldwell Banker Lewis-Kirkeby-Hall Real Estate. The contract contained both parties’ acknowledgement that Poeppel had disclosed to Lester certain financial information about Coldwell. Lester did not attend the closing and did not pay the agreed-upon sale price. Poeppel sued Lester for breach of contract. Lester claimed that the contract was fraudulently signed because Poeppel had not provided the financial information about Coldwell. Specifically, Lester sought to introduce evidence that Poeppel stated that he could not disclose the information until after the execution of the contract. The trial court found that the contract was unambiguous with regard to whether the disclosure occurred and that the parol evidence rule barred the introduction of any evidence about the lack of disclosure of the financial documents. Lester appealed, arguing that the trial court’s evidentiary ruling was in error.

Rule of Law


Holding and Reasoning (Wilbur, J.)

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