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  5. 109 N.W.2d 893 (1961)
 

OSKEY BROTHERS PETROLEUM CORPORATION v. GORDER

Nos. 9857-9896.

109 N.W.2d 893 (1961)

OSKEY BROTHERS PETROLEUM CORPORATION, a Corporation, Plaintiff-Respondent, v. J. E. GORDER and R. F. Gorder, a Co-partnership D/B/A The Gorder Company, J. E. Gorder, an Individual, and J. Herschel Hardy, an Individual, D/B/A The Pure Joy Oil Company, Defendants and Appellants.

Supreme Court of South Dakota.

June 26, 1961.

Attorney(s) appearing for the Case

Maynes & Myers, Aberdeen, for defendants-appellants.

Campbell, Voas & Richardson, Aberdeen, for plaintiff-respondent.

NICHOL, Circuit Judge.

Oskey Brothers Petroleum Corporation is a corporation organized and existing under the laws of the State of Minnesota. Defendants J. E. Gorder and R. F. Gorder, d/b/a The Gorder Company, are engaged in the real estate and insurance business at Aberdeen, South Dakota.

This action was instituted by the plaintiff, hereinafter called Oskey, in the Circuit Court of Brown County, South Dakota, against the Gorders to recover the balance

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