O'NEILL v. STEPPAT

No. 12177.

270 N.W.2d 375 (1978)

J. B. and Robert E. O'NEILL, a partnership, Plaintiffs and Appellants, v. Harvey STEPPAT and Fred Steppat, Defendants and Respondents.

Supreme Court of South Dakota.

Decided September 28, 1978.

Rehearing Denied November 7, 1978.


Attorney(s) appearing for the Case

Mark V. Meierhenry and Judith Meierhenry, Vermillion, for plaintiffs and appellants.

Lee A. Tappe of Tappe & Vavra, P. C., Platte, for defendants and respondents.


PORTER, Justice (on reassignment).

CASE SUMMARY

This appeal presents a question dealing with the interrelationship between various Articles of the Uniform Commercial Code. The trial court concluded that the UCC Article 2 four-year statute of limitations applies to an action to collect on a promissory note given in part payment of a contract for sale. The court granted defendant buyers' motion for summary judgment. We reverse.

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