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MALSAM v. G.N. BERGH AGENCY

No. 9832.

102 N.W.2d 832 (1960)

Romanus J. MALSAM, Plaintiff and Respondent, v. G.N. BERGH AGENCY, a corporation, Defendant and Appellant.

Supreme Court of South Dakota.

April 30, 1960.

Attorney(s) appearing for the Case

Elmer Thurow, Aberdeen, for defendant-appellant.

Dennis Maloney, of Maloney & Maloney, Aberdeen, for plaintiff-respondent.

BIEGELMEIER, Judge.

In this action the summons was dated and served September 8, 1958. The complaint claimed plaintiff had employed defendant to obtain financing to buy a house and paid $500 on August 1, 1952 to defendant as his agent to apply on the purchase price of $4,000; that defendant failed to do so or return it and prayed for a judgment of $500. Defendant's answer generally denied the complaint, admitted plaintiff employed it to find and purchase a home for...

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