WATKINS COMPANY v. DUTT

No. 10638.

173 N.W.2d 41 (1969)

The J. R. WATKINS COMPANY, a Corporation, whose proper name is Watkins Products, Inc., Plaintiff and Respondent, v. Milton Calvin DUTT, Roy Swingler, and Adeline Swingler, Defendants and Appellants.

Supreme Court of South Dakota.

December 11, 1969.


Attorney(s) appearing for the Case

Orville W. Robbins, Selby, for plaintiff and respondent.

Neumayr & Jones, Gettysburg, for defendants and appellants.


WUEST, Circuit Judge.

This is an action by the plaintiff against defendant, Dutt, for merchandise purchased, and defendants, Roy and Adeline Swingler, as sureties guaranteeing payment. The plaintiff is a Delaware corporation with its principal place of business at Winona, Minnesota. Defendants are residents of South Dakota.

Prior to August 30, 1965, plaintiff was not licensed to transact business in South Dakota, as provided by SDC 11.21. A purchase and surety...

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