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BEKA v. LITHIUM CORPORATION OF AMERICA

No. 9697.

92 N.W.2d 156 (1958)

August J. BEKA, Charles Tinant, and Perry Beka, d/b/a Black Hills Investment Company, Plaintiff and Respondent, v. LITHIUM CORPORATION OF AMERICA, Defendant and Appellant.

Supreme Court of South Dakota.

September 16, 1958.

Attorney(s) appearing for the Case

Whiting, Lynn, Freiberg & Shultz, Rapid City, for defendant and appellant.

Gunderson, Farrar & Carrell, Rapid City, for plaintiff and respondent.

RENTTO, Presiding Judge.

The plaintiff partnership instituted this action on August 19, 1957, to recover damages from the defendant corporation caused by its breach of a contract. On trial to a jury the court directed a verdict for plaintiff in the sum of $3,000 and allowed a recovery of interest from the first day of the month after the breach. Defendant appeals from the judgment entered on this verdict.

The Lithium Corporation had contracted to furnish the...

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