SMITH v. HEGG

No. 11289-a-FRW.

214 N.W.2d 789 (1974)

Robert H. SMITH and Alice A. Smith, Plaintiffs and Respondents, v. P. O. HEGG and Margaret P. Hegg, Defendants and Appellants.

Supreme Court of South Dakota.

February 15, 1974.


Attorney(s) appearing for the Case

Willy, Pruitt, Matthews & Jorgensen, Gene E. Pruitt and Steve Jorgensen, Sioux Falls, for defendants and appellants.

Jorgenson & Erickson, Larry L. Jorgenson and Lewayne M. Erickson, Brookings, for plaintiffs and respondents.


WINANS, Justice.

In March of 1966 Elmer and Bonnie Cummings, as lessors, entered into a lease with Leo and Glen Ward for the rental of a building, which is the subject of this litigation, for a term of years from March 16, 1966 to July 31, 1974. A provison of this lease provided that there could be no assignment without the written consent of the lessors Cummings. This lease was recorded with the Register of Deeds.

On October 1, 1966 the Plaintiffs, Robert...

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