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HAWKINS v. KENNEDY

No. 9877.

107 N.W.2d 340 (1961)

Frank R. HAWKINS and Florence R. Hawkins, Plaintiffs and Appellants, v. James H. KENNEDY, Defendant and Respondent.

Supreme Court of South Dakota.

February 7, 1961.

Attorney(s) appearing for the Case

T. R. Johnson, Sioux Falls, for plaintiffs and appellants.

Christopherson & Bailin, Sioux Falls, for defendant and respondent.

SMITH, Presiding Judge.

In a complaint of two counts based on promissory notes of $2,500 each, plaintiffs failed to include a direct allegation that defendant's promises to them were made without any intention of performing them but did allege in part as follows:

"That the defendant has been guilty of a fraud in contracting the aforesaid debt and incurring the obligation for which this action is brought. That at the time the defendant received said sum of...

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