South Dakota Supreme Court
June J. Huston, Plaintiff and Appellant v. Vance Martin and the Estate of Dale M. Jarman, Defendants and Appellees.
October 10, 2018919 N.W.2d 356
Summary
The court affirmed summary judgment against Huston's breach-of-contract and fraud claims, holding that the alleged promise to devise property was unenforceable without a writing and that the fraud claim was barred by the probate nonclaim period. It reversed summary judgment on Huston's unjust-enrichment claim against Martin because genuine issues remained concerning what Martin knew and did regarding the alleged agreement. Any unjust-enrichment claim against the estate remained untimely.