HEINE v. HEINE

No. 12904.

299 N.W.2d 451 (1980)

Alphonse HEINE, Plaintiff and Appellant, v. Francis HEINE, Defendant and Appellee.

Supreme Court of South Dakota.

Decided December 10, 1980.


Attorney(s) appearing for the Case

Charles Rick Johnson, Johnson, Johnson & Eklund, Gregory, for plaintiff and appellant.

Martin Weeks, Bogue, Weeks & Rusch, Vermillion, for defendant and appellee.


HENDERSON, Justice.

ACTION

In November of 1978 Alphonse Heine (appellant) filed suit alleging that Francis Heine (appellee) breached two separate share crop leases for the years 1971 and 1972. This action was tried to the court in May 1979 from whence a judgment was issued on July 11, 1979, which dismissed appellant's claim on the merits. In its findings of fact, the trial court found that appellant failed to prove by a preponderance of the evidence that...

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