CRILLY v. FITZSIMMONS

No. 9184.

48 N.W.2d 62 (1951)

CRILLY et al. v. FITZSIMMONS et al.

Supreme Court of South Dakota.

May 22, 1951.


Attorney(s) appearing for the Case

Hanley, Leedom & Driscoll, Rapid City, for defendants and appellant, O. J. Buxton.

Whiting, Wilson & Lynn, Rapid City, for plaintiff and respondent.


RUDOLPH, Presiding Judge.

The question presented in this case is whether the evidence establishes an agreement between the Hills Salvage Company, a partnership, and the defendant Buxton that the partnership should pay rent for certain ground owned by Buxton and used to store partnership property. The trial court found against the existence of such an agreement and Buxton has appealed. We affirm.

Certain facts are undisputed. In August 1947 Roy W. Fitzsimmons...

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