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GILLILAND v. COURTESY MOTORS, INC.

No. 11551.

232 N.W.2d 828 (1975)

Clifford D. GILLILAND and Beverly J. Gilliland, Plaintiffs and Respondents, v. COURTESY MOTORS, INC., a corporation, Defendant, and Chrysler Corporation, a corporation, Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied October 10, 1975.

Attorney(s) appearing for the Case

Ronald L. Schulz, Loucks, Oviatt, Bradshaw & Green, Watertown, for plaintiffs and respondents.

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

COLER, Justice.

In this action to recover both actual and exemplary damages for breach of an installment contract for purchase of an automobile, repossessed by the defendant dealer apparently without aid of judicial proceedings, and on implied or express warranty of fitness by the manufacturer of the product, default judgment was entered against Chrysler Corporation only. Defendant, Chrysler Corporation, contends the trial court abused its discretion in refusing to...

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