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MONTGOMERY WARD v. SHOPE

No. 12542.

286 N.W.2d 806 (1979)

MONTGOMERY WARD, Plaintiff and Appellant, v. Martin SHOPE, Defendant and Respondent.

Supreme Court of South Dakota.

Decided December 27, 1979.

Attorney(s) appearing for the Case

Robert L. Jones, Sioux Falls, for plaintiff and appellant.

Wally A. Eklund, of Johnson, Johnson & Eklund, Gregory, for defendant and respondent.

FOSHEIM, Justice.

This appeal is from a judgment on a jury verdict in favor of the defendant in the amount of $7,000 actual damages and $5,000 punitive damages. Plaintiff's motion for a judgment notwithstanding the verdict or, in the alternative, a new trial was denied. We reverse.

Montgomery Ward received a credit application from a Martin Shope. Following approval of the application, charges were made to this account. Merchandise addressed to the defendant...

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