SMITH v. HALVERSON

No. 11913.

273 N.W.2d 146 (1978)

Donald J. SMITH, Plaintiff and Appellant, v. Russell R. HALVERSON, Defendant, and First National Bank in Sioux Falls, a corporation, Defendant and Respondent.

Supreme Court of South Dakota.

Decided December 29, 1978.


Attorney(s) appearing for the Case

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

Deming Smith of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and respondent.


DUNN, Justice (on reassignment).

This is an appeal by Donald J. Smith (Smith) from a judgment dismissing his complaint against the First National Bank in Sioux Falls (bank) on a verdict directed against Smith by the trial court. We reverse and remand the case for trial.

Smith is a trucker who on August 20, 1974, entered into a contract with the Kolman Division of Athey Products Corporation of Sioux Falls to deliver some machinery manufactured by Kolman for...

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