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KENT FEEDS, INC. v. STAHL

No. 11465.

238 N.W.2d 483 (1976)

KENT FEEDS, INC., Plaintiff and Respondent, v. Jacob STAHL and Marvin Stahl d/b/a Stahl Brothers, Defendants and Appellants.

Supreme Court of South Dakota.

January 15, 1976.

Attorney(s) appearing for the Case

Woods, Fuller, Shultz & Smith and John E. Simko, Sioux Falls, Richard Spilde, Freeman, for plaintiff and respondent.

Brady, Kabeiseman, Light & Reade and C. E. Light, Yankton, for defendants and appellants.

WOLLMAN, Justice.

Plaintiff brought an action against defendants for the balance allegedly due on a series of delivery receipt notes that defendants had signed in consideration for delivery of feed supplement. Defendants alleged in their answer that the notes were not collectible because of failure of consideration; defendants also counterclaimed for damages resulting from an alleged breach of warranty. The trial court directed a verdict in favor of plaintiff on its...

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