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TAYLOR OIL CO., INC. v. CONTEMPORARY INDUSTRIES

No. 12925.

305 N.W.2d 854 (1981)

TAYLOR OIL COMPANY, INC., Plaintiff and Appellant, v. CONTEMPORARY INDUSTRIES CORPORATION, d/b/a 7-Eleven Stores, Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 20, 1981.

Attorney(s) appearing for the Case

Edwin E. Evans of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiff and appellant.

Harold C. Doyle of May, Johnson, Doyle & Becker, P. C., Sioux Falls, John H. Stone of Neiman, Neiman, Stone & Spellman, P. C., Des Moines, Iowa, for defendant and appellee.

ANDERST, Circuit Judge.

After the jury returned a verdict in favor of appellant in this forcible entry and detainer action, the court entered an order granting appellee's motion for judgment notwithstanding the verdict. We affirm.

In 1972, Taylor Realty Co., Inc., leased a retail gasoline service station located at the southwest corner of Interstate 229 and Cliff Avenue in Sioux Falls from its owner. Taylor Realty Co., Inc., then orally assigned its leasehold...

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