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FOSTER LUMBER CO., INC. v. GLAD

No. 13154.

303 N.W.2d 815 (1981)

FOSTER LUMBER COMPANY, INC., Plaintiff and Appellee, v. Malcolm W. GLAD, Defendant and Appellant, and Kenneth Olson, partners under the firm name and style of Exterior Designers, Defendant.

Supreme Court of South Dakota.

Decided April 1, 1981.

Attorney(s) appearing for the Case

Robert L. Varilek, Rapid City, for plaintiff and appellee.

Wayne F. Gilbert of Gunderson, Farrar, Aldrich, Warder & DeMersseman, Rapid City, for defendant and appellant.

WOLLMAN, Chief Justice.

The trial court entered a default judgment against Malcolm W. Glad (appellant) and Kenneth H. Olson (Olson). Appellant appeals from the order of the trial court denying his motion for relief from judgment. We reverse and remand.

Appellee, Foster Lumber Company, Inc., brought an action against the partnership of appellant and Olson, who were doing business as Exterior Designers. Although Olson...

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