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WEAVER v. BLAKE

No. 12972.

300 N.W.2d 52 (1981)

Chester N. WEAVER, Plaintiff and Appellant, v. L. C. BLAKE, Administrator of the Estate of Frank Norman Weaver, a/k/a Frank N. Weaver, a/k/a Frank Weaver, Deceased, Defendant and Appellee, and Winner Production Credit Association, Defendant.

Supreme Court of South Dakota.

Decided December 23, 1980.

Rehearing Denied January 30, 1981.

Attorney(s) appearing for the Case

Wally Eklund of Johnson, Johnson & Eklund, Gregory, for plaintiff and appellant.

Jack Gunvordahl, Gunvordahl & Gunvordahl, Burke, for defendant and appellee.

FOSHEIM, Justice.

This is an appeal from the entry of summary judgment in favor of the defendant administrator (appellee) in this action in equity. We reverse and remand.

In 1973, Chester N. Weaver (appellant) and his wife, June Weaver, co-signed a promissory note to help their son, Frank Weaver, obtain a loan from the Production Credit Association (PCA). PCA commenced proceedings against Frank Weaver and also against appellant and his wife to recover on the...

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