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TERRACE PARK DAIRY v. SURFACE ENGINEERING CO.

No. 10390.

158 N.W.2d 685 (1968)

TERRACE PARK DAIRY, a Corporation, Plaintiff and Respondent, v. SURFACE ENGINEERING CO., a Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

May 13, 1968.

Attorney(s) appearing for the Case

John E. Burke and Richard Hopewell, Sioux Falls, for plaintiff and respondent.

Woods, Fuller, Shultz & Smith and Merle Johnson, Sioux Falls, for defendant and appellant.

BIEGELMEIER, Judge.

The complaint alleged defendant manufactured and sold a product, which the evidence showed was called Secoton, to its franchised dealer for application on plaintiff's new cooling room; that it negligently failed to include on the product proper directions for use as well as a warning that the solvent in the product was so penetrating it might penetrate and spoil dairy products of plaintiff, which it should have known, foreseen and anticipated;...

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