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BENTZ v. CIMARRON INSURANCE CO.

No. 9942.

114 N.W.2d 96 (1962)

Carlos W. BENTZ, Plaintiff and Respondent, v. CIMARRON INSURANCE CO., Inc., a Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

March 27, 1962.

Attorney(s) appearing for the Case

Francis J. Parker and D. O. Dillavou, Deadwood, for defendant and appellant.

Thomas G. Wall, Sturgis, E. W. Christol, Rapid City, for plaintiff and respondent.

HANSON, Judge.

This is an action to recover damages for loss of an alfalfa crop on an alleged contract of insurance. Two trials were had. The jury disagreed on the first and rendered verdict for plaintiff in the amount of $9,595 on the second. Plaintiff's motion for new trial having been refused and judgment having been entered on the verdict, this appeal by the defendant insurer followed.

Defendant questions the...

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