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JOHNSON v. JOHN DEERE CO.

No. 12930.

306 N.W.2d 231 (1981)

Walter JOHNSON, Plaintiff and Appellant, v. JOHN DEERE COMPANY and Nelson Implement, Inc., Defendants and Appellees.

Supreme Court of South Dakota.

Decided June 3, 1981.

Rehearing Denied July 6, 1981.

Attorney(s) appearing for the Case

Wally Eklund of Johnson, Johnson & Eklund, Gregory, for plaintiff and appellant; Robert J. Krueger, Jr., of Devany & Krueger, Vermillion, on brief.

Timothy J. Nimick of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellee John Deere Co.

Gale E. Fisher, Sioux Falls, for defendant and appellee Nelson Implement, Inc.

MORGAN, Justice.

This action was commenced for recovery of damages sustained by appellant Walter Johnson, arising from alleged breach of warranty by appellees John Deere Company, the manufacturer, and Nelson Implement, Inc., the seller of a farm tractor. John Deere Company counterclaimed for a judgment on the balance due on an installment sales contract executed in consummation of the purchase and also counterclaimed for foreclosure on the machinery. The trial court...

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