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FLEMING v. TORREY

No. 12032.

273 N.W.2d 169 (1978)

Berdell FLEMING and Dennis Fleming, Assignors, and Anthony Benton, Assignee, Plaintiffs and Respondents, v. Harry K. TORREY, Defendant and Appellant.

Supreme Court of South Dakota.

December 29, 1978.

Attorney(s) appearing for the Case

Curtis D. Ireland and Fred M. Winkler of Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, Norman K. Blatchford, Hot Springs, for plaintiffs and respondents.

Chester A. Groseclose, Jr. of Richardson, Groseclose, Kornmann & Wyly, Aberdeen, for defendant and appellant.

PORTER, Justice.

Defendant, duly licensed to sell insurance in this state, became, on January 1, 1971, the agent for State Farm Insurance Company in Hot Springs. In August, 1971, plaintiff Fleming, a farmer-rancher in the area, purchased from defendant a State Farm liability insurance policy covering Fleming's 1954 Ford 2 ton truck. Five weeks later the truck was in an accident, leading to a judgment against Fleming in favor of one Benton. Benton, as Fleming's assignee...

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