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PROFIT COUNSELORS, INC. v. KNIGHT

No. 10292.

146 N.W.2d 60 (1966)

PROFIT COUNSELORS, INC., a Corporation, Plaintiff and Appellant, v. Floyd E. KNIGHT, d/b/a Knight Construction Company, Defendant and Respondent.

Supreme Court of South Dakota.

November 3, 1966.

Attorney(s) appearing for the Case

Ronayne, Richards & Dobberpuh:, Aberdeen, for plaintiff and appellant.

Bicknell, Holland & Delaney, Webster, for defendant and respondent.

BIEGELMEIER, Judge.

Plaintiff's action was based on a check of defendant's dated June 30, 1961 for $1,250.00, payment of which had been stopped by defendant. Defendant's answer alleged the check had been paid by another check dated July 7, 1961. At the trial the court admitted oral evidence to show the June 30th check was given in payment of the third week of employment of plaintiff by defendant under a printed Operating Agreement. By paragraph 11 thereof plaintiff...

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