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MINERS & MERCHANTS SAVINGS BANK v. COMER

No. 10253.

140 N.W.2d 390 (1966)

MINERS & MERCHANTS SAVINGS BANK, Lead, South Dakota, Plaintiff and Appellant, v. Cecil COMER and Reinhard Brothers Company, a corporation, Defendants and Respondents.

Supreme Court of South Dakota.

February 23, 1966.

Attorney(s) appearing for the Case

T. R. Johnson, Danforth, Danforth & Johnson, Sioux Falls, for plaintiff and appellant.

Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and respondent Reinhard Bros. Co.

SMITH, Commissioner.

By its complaint the plaintiff Bank prays for judgment on a promissory note executed by Comer, and a written contract executed by Reinhard Brothers Company which in terms guarantees payment of the Comer note. The defendant, Reinhard Brothers Company, pleaded facts which it asserted discharged it from liability under our statutes. The trial court held Reinhard Brothers Company to have been discharged. The appeal is by the Bank.

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