South Dakota Supreme Court

Glen Garrett and Elizabeth Garrett, Husband and Wife; and Michael Garrett, Brad Garrett and Jeff Garrett, Plaintiffs…

August 1, 19901990 S.D. LEXIS 122

Summary

The court affirmed summary judgment for BankWest and Lynass on Garrett’s claims arising from the failure to finance or redeem the Hancock loan and lease the ranch back to Garrett. It held that the bank remained a debtor-creditor rather than fiduciary, that no enforceable redemption or lease-back contract was formed, that good faith obligations require an underlying contract or duty and do not create an independent tort, and that the evidence did not support fraud or reasonable reliance for promissory estoppel.