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KENT v. ALLIED OIL & SUPPLY, INC.

No. 11948.

264 N.W.2d 512 (1978)

James W. KENT, Plaintiff-Respondent, v. ALLIED OIL & SUPPLY, INC., Defendant-Appellant.

Supreme Court of South Dakota.

Decided April 6, 1978.

Attorney(s) appearing for the Case

Jeff W. Davis and David F. Sieler of Sieler, Sieler & Trimble, Rapid City, for plaintiff-respondent.

Thomas G. Fritz of Lynn, Jackson, Shultz, Ireland & Lebrun, P.C., Rapid City, for defendant-appellant.

MORGAN, Justice.

This is a suit by an employee (respondent) to recover from his employer (appellant) a percentage of net profits allegedly earned under a contract of employment. The parties first agreed that the respondent would receive $1,000 per month plus 40% of the net profit, and subsequently changed this agreement to $750 per month plus 50% of the net profit. The appellant urges that the contract of employment was void under the statute of frauds

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