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LIBERTIN v. ST. PAUL FIRE & MARINE INS. CO.

No. 9278-r-BL.

54 N.W.2d 168 (1952)

LIBERTIN v. ST. PAUL FIRE & MARINE INS. CO.

Supreme Court of South Dakota.

June 27, 1952.

Attorney(s) appearing for the Case

Bellamy, Eastman & Christol, Rapid City, for defendant and appellant.

H. F. Fellows, Rapid City, for plaintiff and respondent.

LEEDOM, Judge.

Respondent, plaintiff below, agreed to sell to Mary Denker a 1949 Ford automobile on which appellant had issued a policy of insurance. Assignment of the insurance was not involved in the transaction. At the trial it was respondent's contention that the agreement to sell was conditional upon Miss Denker's approval of the car after driving it, while appellant contended that the negotiations that took place prior...

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