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SNELL v. WATTS

No. 9724.

95 N.W.2d 453 (1959)

Gertrude SNELL, Plaintiff and Appellant, v. Emerson WATTS and M. Peterson Watts, also known as Margaret Peterson Watts, doing business as Thermal Service & Construction Company, Defendants and Respondents.

Supreme Court of South Dakota.

March 19, 1959.

Attorney(s) appearing for the Case

Chas. E. Gorsuch, Mike Ronayne, Aberdeen, for plaintiff and appellant.

Elmer Thurow, Aberdeen, Lloyd Peterson, Watertown, for defendant and respondent M. Peterson Watts.

SMITH, Judge.

In this action Gertrude Snell, as plaintiff, seeks to recover damages from the defendants Emerson Watts and M. Peterson Watts, copartners, doing business as the Thermal Service & Construction Company, for breach of a contract whereby defendants agreed to remodel plaintiff's Onida, South Dakota, home. Defendant Emerson Watts was not served with process and did not appear in the action. The answer of M. Peterson Watts specifically denied the partnership...

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