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SMASHED ICE v. LEE

No. 10896.

200 N.W.2d 236 (1972)

Sam SMASHED ICE, Plaintiff and Appellant, v. Jack LEE d/b/a Lee's Store, Defendant and Respondent.

Supreme Court of South Dakota.

September 7, 1972.

Attorney(s) appearing for the Case

William J. Janklow, William Brauer, Rosebud, for plaintiff and appellant.

Dudley R. Herman of Herman & Wernke, Gregory, for defendant and respondent.

WINANS, Judge.

Plaintiff, Sam Smashed Ice, brought this action alleging that the defendant, Jack Lee, made usurious loans to him. The plaintiff in this action seeks to recover from the defendant the principal and interest paid on the loan, together with a declaratory judgment that the balance of his remaining account is void and uncollectible.

There is no substantial dispute as to the facts. Defendant is engaged in a general mercantile business in White River...

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