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JONES v. AMERICAN OIL COMPANY

No. 11150.

209 N.W.2d 1 (1973)

H. Wells JONES, Plaintiff and Respondent, v. The AMERICAN OIL COMPANY, a Maryland Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

July 12, 1973.

Attorney(s) appearing for the Case

Charles H. Whiting, Whiting, Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, for defendant and appellant.

Ray J. Aldrich, Gunderson, Farrar, Aldrich, Warder, DeMersseman & Wilkins, Rapid City, for plaintiff and respondent.

WINANS, Justice.

This action was brought under the Uniform Declaratory Judgment Act, SDCL 21-24, to secure a judgment declaring the rights and duties of the parties in a lease agreement. From a judgment favorable to the plaintiff, the defendant has appealed. We affirm.

On September 30, 1952, H. Wells Jones (plaintiff) entered into the lease agreement which is the subject of this controversy with the American Oil Company (defendant). By the terms of the written...

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