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ERWIN WELLER CO. v. TALON INC.

No. 12892.

295 N.W.2d 172 (1980)

The ERWIN WELLER COMPANY, an Iowa Corporation, Plaintiff and Appellant, v. TALON INCORPORATED, a South Dakota Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 6, 1980.

Rehearing Denied September 16, 1980.

Attorney(s) appearing for the Case

Jeffrey A. Sar of Carter & Sar, Sioux City, Iowa, Vance R. Goldammer of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, for plaintiff and appellant.

John N. Gidley III, John E. Burke, Sioux Falls, for defendant and appellee.

WOLLMAN, Chief Justice.

Appellant, Erwin Weller Company (Weller), appeals from the judgment entered on a jury verdict denying recovery against appellee, Talon Corporation (Talon). We reverse and remand.

Weller and Talon entered into an agreement on January 14, 1977, whereby Weller was to manufacture ice scrapers and snow brushes, place Talon's name on the products, and ship them directly to Talon's customers. Talon was to receive payment from its customers...

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