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COMMERCIAL CREDIT EQUIPMENT CORP. v. JOHNSON

No. 11114.

209 N.W.2d 548 (1973)

COMMERCIAL CREDIT EQUIPMENT CORPORATION, Plaintiff and Respondent, v. Leonard JOHNSON, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 27, 1973.

Rehearing Denied September 6, 1973.

Attorney(s) appearing for the Case

Timothy J. Nimick, of Woods, Fuller, Shultz & Smith, Sioux Falls, for plaintiff and respondent.

Gale E. Fisher, of May, Johnson & Burke, Sioux Falls, for defendant and appellant.

BIEGELMEIER, Chief Justice.

Plaintiff, Commercial Credit Equipment Corporation (hereafter referred to as CCEC), brought this action for claim and delivery of a Case tractor against defendant Johnson who, in December 1968, was the owner of a Model 1031 Case tractor (No. 1), which he purchased from a dealer in 1966. For convenience it is referred to by the first two digits of its serial number, "82". Johnson financed part of the purchase price which was paid up in early...

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