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DUSEK v. REESE

Nos. 9970, 9990.

119 N.W.2d 656 (1963)

Fred DUSEK, Plaintiff and Appellant, v. Sheldon F. REESE, Northwest Realty Company, a corporation, and Acme Company, a corporation, Defendants and Respondents.

Supreme Court of South Dakota.

February 15, 1963.

Attorney(s) appearing for the Case

Bangs, McCullen, Butler & Foye, Rapid City, for plaintiff and appellant.

Morrill & Morrill, Sturgis, for defendants and respondents.

HANSON, Presiding Judge.

The plaintiff, Fred Dusek, seeks rescission of an alleged contract relating to the ownership and collection of certain accounts receivable. So far as material the trial court entered judgment (1) quieting title to the accounts in the defendant Northwest Realty Company subject to an interest of 10% therein in plaintiff, (2) ordering an accounting between the parties and appointing a referee for such purpose, and (3) dismissing the action against...

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