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OLSON v. SPITZER

No. 11888.

257 N.W.2d 459 (1977)

Gary OLSON and Leonard Olson, Plaintiffs and Appellants, v. Ervin SPITZER, doing business as Spitzer Implement Company, Defendant and Respondent.

Supreme Court of South Dakota.

Decided August 30, 1977.

Attorney(s) appearing for the Case

Carlyle E. Richards, Aberdeen, for plaintiffs and appellants.

Michael T. Hogan and Dennis Maloney of Maloney, Kolker, Fritz, Hogan & Johnson, Aberdeen, for defendant and respondent.

DUNN, Chief Justice.

This is an action for damages for an alleged breach of contract. It arises from a written agreement entered into on March 12, 1973, between plaintiffs and Jerome Fischer, a salesman for defendant's implement business in Roscoe, South Dakota. Defendant filed a counterclaim for lost profits due to plaintiffs' failure to make payment under the contract, but this was dismissed upon his motion at the time of trial. Following a trial to the court, the...

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