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JOHNSON v. HANNA

No. 9792.

101 N.W.2d 830 (1960)

Carl E. JOHNSON, Plaintiff and Respondent, v. Monte HANNA, Defendant and Respondent, and Floyd Bright, d/b/a Bright's Service Station, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied April 22, 1960.

Attorney(s) appearing for the Case

Hanley, Costello & Porter, Rapid City, for defendant and appellant.

Whiting, Lynn, Freiberg & Shultz, Rapid City, for plaintiff and respondent.

Thomas R. Lehnert, Rapid City, for defendant and respondent.

HANSON, Judge.

This is an action for damages to an automobile resulting from an alleged breach of an implied contract of bailment. The defendant, Floyd Bright, appeals from the verdict and judgment in favor of plaintiff.

Carl E. Johnson, owner of the damaged automobile, originally brought action against both the defendant, Floyd Bright, owner of a gas station, and his employee, Monte Hanna. The complaint alleged, in substance, that Floyd Bright operated a...

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