WEAVER v. BOORTZ

No. 13002.

301 N.W.2d 673 (1981)

C. N. WEAVER, Plaintiff and Appellee, v. Janet BOORTZ, formerly Janet Weaver, Defendant and Appellant.

Supreme Court of South Dakota.

February 11, 1981.


Attorney(s) appearing for the Case

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

Carleton R. Hoy and Lois Ann Rose of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellant.


HENDERSON, Justice.

Appellant (Janet Boortz, formerly Janet Weaver) appeals from the trial court's order of summary judgment in favor of appellee (C. N. Weaver) on a promissory note. We affirm.

Briefly, the facts are as follows: On July 1, 1975, appellee gave Frank N. Weaver (who was appellee's son and, at that time, appellant's husband) a check for $19,000. It is unrefuted that, pursuant to the receipt of this check, appellant and her husband executed a promissory...

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