FREDRICK v. DREYER

No. 11895.

257 N.W.2d 835 (1977)

Ted C. FREDRICK and Wanda Fay Fredrick, Plaintiffs and Respondents, v. Cecil DREYER, d/b/a Dreyer Trailer Sales, Defendant, Third-party Plaintiff and Appellant, v. FALCON COACH COMPANY, INC., Third-party Defendant.

Supreme Court of South Dakota.

Decided September 23, 1977.


Attorney(s) appearing for the Case

Wally Eklund of Johnson, Johnson & Eklund, Gregory, for plaintiffs and respondents.

John J. Simpson, Winner, for third-party plaintiff and appellant.


DUNN, Chief Justice.

This is an action for breach of warranty in the purchase of a 1972 Falcon Motor Home. In addition to his answer, defendant Dreyer filed a third-party complaint against Falcon Coach Company which alleged that any warranty on the trailer was the sole responsibility of Falcon. Falcon attempted to quash service for lack of jurisdiction and later instituted bankruptcy proceedings. The trial judge found Falcon in default and removed it from trial of...

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