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BERRY v. BENNER

Nos. 10161, 10162.

139 N.W.2d 285 (1966)

Geraldine W. BERRY, Plaintiff and Respondent, v. Donald G. BENNER and Northwest Wood Preserving Company, a Corporation, Defendants and Appellants.

Supreme Court of South Dakota.

January 7, 1966.

Attorney(s) appearing for the Case

Bangs, McCullen, Butler & Foye, Rapid City, for defendants and appellants.

Whiting, Lynn, Freiberg & Shultz, Rapid City, and Hayes & Richards, Deadwood, for plaintiff and respondent.

ROBERTS, Judge.

Northwest Wood Preserving Company was engaged in the processing and sale of wood products, principally posts, in the City of Deadwood, South Dakota. On March 8, 1961, when a written contract for the sale of all the authorized and outstanding stock was entered into, Geraldine W. Berry, her three sons and A. W. Thornton were owners of all the outstanding stock. Prior to the commencement of the present action, the other stockholders assigned their rights...

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