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HOWARD v. AMERICAN OIL COMPANY

No. 10224.

144 N.W.2d 737 (1966)

E. O. HOWARD, Plaintiff and Respondent, v. The AMERICAN OIL COMPANY, a corporation, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied November 2, 1966.

Attorney(s) appearing for the Case

Martens, Goldsmith, May & Porter, Pierre, for plaintiff and respondent.

Stephens, Riter, Mayer & Hofer, Pierre for defendant and appellant.

BIEGELMEIER, Judge.

Plaintiff, a lessee of a service station, brought this action for damages against defendant lessor for claimed interference with his business relations and for breach of the covenant of quiet enjoyment implied in the lease. Defendant appeals from a judgment for plaintiff for actual and punitive damages. We reverse.

Defendant company had commenced an action for possession of the service station in September 1963 which resulted in a verdict...

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