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WEEKS v. PROSTROLLO SONS, INC.

Nos. 10512, 10513.

169 N.W.2d 725 (1969)

Harold WEEKS as Guardian of the Estates of Marcene Brandes et al., Minor Wards, Plaintiff and Appellant, v. PROSTROLLO SONS, INC., Defendant and Respondent. Lewis W. BRANDES, Plaintiff and Appellant, v. PROSTROLLO SONS, INC., Defendant and Respondent.

Supreme Court of South Dakota.

August 6, 1969.

Attorney(s) appearing for the Case

Bangs, McCullen, Butler & Foye, Joseph M. Butler, Rapid City, and Hanley, Wallahan, Driscoll & Murray, Franklin J. Wallahan, Rapid City, for plaintiffs and appellants.

Davenport, Evans, Hurwitz & Smith, Deming Smith, Lawrence L. Piersol, Sioux Falls, for defendant and respondent.

HOMEYER, Judge.

These actions were consolidated for trial and resulted in a verdict for the defendant, Prostrollo Sons, Inc.,1 in each case upon which separate judgments were entered. Plaintiffs'2 motions for new trial were denied and they appeal.

Error is asserted in (1) instructions to the jury and (2) in refusing a new trial because of claimed invalid...

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