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  5. 261 N.W.2d 120 (1977)
 

ASCHOFF v. MOBIL OIL CORP.

Nos. 11887 and 11894.

261 N.W.2d 120 (1977)

Larry H. ASCHOFF, Plaintiff and Respondent in # 11887, and Plaintiff and Appellant in # 11894, v. MOBIL OIL CORPORATION, Defendant and Appellant in # 11887, and Defendant and Respondent in # 11894.

Supreme Court of South Dakota.

Decided December 30, 1977.

Rehearing Denied January 25, 1978.

Attorney(s) appearing for the Case

Gale E. Fisher and John E. Burke of May, Johnson & Burke, Sioux Falls, for plaintiff.

Robert C. Heege of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant.

DUNN, Chief Justice.

This is an action seeking actual and exemplary damages for false and fraudulent representations inducing the execution of a contract and lease of a newly-constructed service station. Plaintiff alleged that agents of defendant represented: (1) that the station would do a certain amount of business for a one-year period from May 1, 1972, and that plaintiff would make a profit of $10,982.28 in addition to earning $9,0001

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