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POTTS v. STARR

No. 9509.

72 N.W.2d 924 (1955)

W. M. POTTS, Plaintiff and Appellant v. Clarke STARR, Defendant and Respondent.

Supreme Court of South Dakota.

November 17, 1955.

Attorney(s) appearing for the Case

W. M. Potts, Mobridge, for appellant.

Jackson & Krause, Lemmon, for respondent.

SICKEL, Judge.

This action was commenced by W. M. Potts, as plaintiff, against Clarke Starr, as defendant, for cancellation of a farming contract and for damages for failure to perform the contract. Defendant answered alleging compliance with the terms of the contract and partial settlement. The answer also alleges fraud and laches on the part of the plaintiff. On September 14, 1954 defendant served notice of motion to dismiss...

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