FARMERS COOPERATIVE EL. CO. OF REVILLO v. JOHNSON

No. 11546.

237 N.W.2d 671 (1976)

FARMERS COOPERATIVE ELEVATOR COMPANY OF REVILLO, Plaintiff and Respondent, v. Evan Lee JOHNSON, also known as Steve Johnson, Defendant and Appellant.

Supreme Court of South Dakota.

January 15, 1976.


Attorney(s) appearing for the Case

Gunderson & Gunderson, and Dennis D. Evenson, Clear Lake, for appellant.

Austin, Hinderaker & Hackett, Watertown, for respondent.


WINANS, Justice.

A jury in circuit court found the defendant Evan Lee Johnson, a/k/a Steve Johnson, liable to the plaintiff elevator company for more than fourteen thousand dollars. Defendant who represented himself at trial, failed to plead specifically the statute of frauds and made no objections to the jury instructions before the close of trial. He now contends that the statute of frauds is a bar to action, that he pled it sufficiently and that a jury instruction...

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