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Frank Stinson Chevrolet, Inc. v. Connelly

Citations: 356 N.W.2d 480; 1984 S.D. LEXIS 386Docket: 14358

Court: South Dakota Supreme Court; October 17, 1984; South Dakota; State Supreme Court

Narrative Opinion Summary

The case involves a breach of contract dispute between Frank Stinson Chevrolet, Inc., a vehicle dealership, and Clarence Connelly, a farmer who purchased a pickup truck. Stinson alleged that Connelly failed to pay for the truck, while Connelly contended that he had made full payment. The jury ruled in favor of Connelly, prompting Stinson to appeal. The appellate issues centered on whether the burden of proof was correctly placed on Stinson to demonstrate the breach of contract due to non-payment, and whether the trial court erred by permitting testimony from witnesses not disclosed prior to trial. The court upheld that the burden of proof was appropriately assigned to Stinson, as Connelly's defense of payment was affirmative, negating the presumption of indebtedness. Furthermore, the trial court ruled within its discretion regarding witness disclosure, as the interrogatories did not specifically demand a list of all potential trial witnesses, and Connelly's counsel had informed Stinson's counsel in advance about the witnesses. Consequently, the appellate court affirmed the trial court's judgment in favor of Connelly, concluding that Stinson failed to prove non-payment and any procedural errors regarding witness testimony did not constitute grounds for reversal.

Legal Issues Addressed

Affirmative Defense of Payment

Application: Connelly asserted payment as an affirmative defense, and the court required Stinson to prove non-payment since there was no presumption of indebtedness.

Reasoning: In this instance, Stinson lacked any instrument of indebtedness, negating the presumption of non-payment that would obligate Connelly to prove payment.

Burden of Proof in Breach of Contract

Application: The trial court placed the burden on Stinson to prove that Connelly breached the contract by not paying for the vehicle.

Reasoning: The trial court's instruction to the jury emphasized that Stinson had to prove breach by establishing that payment was not made, despite Stinson having adequately alleged the contract's existence and terms in its complaint.

Disclosure of Witnesses

Application: The trial court allowed testimony from two witnesses not disclosed in interrogatories, finding that the request did not require disclosure of all potential trial witnesses.

Reasoning: However, the court found that Stinson's interrogatory No. 6, which requested names of individuals with knowledge pertinent to the transaction, did not require disclosure of all potential trial witnesses.