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OUR OWN HARDWARE CO. v. K-MAC, INC.

No. 13558.

318 N.W.2d 321 (1982)

OUR OWN HARDWARE COMPANY, A Minnesota Corporation, Plaintiff and Appellee, v. K-MAC, INC., A South Dakota Corporation, and Everett MacKaben, Defendants and Appellants.

Supreme Court of South Dakota.

Decided April 21, 1982.

Attorney(s) appearing for the Case

Jon Mattson of Driscoll, Mattson, Rachetto & Christensen, Deadwood, for plaintiff and appellee.

Thomas E. Brady of Richards, Hood & Brady, Spearfish, for defendants and appellants.

MORGAN, Justice.

This is an appeal by defendant, K-Mac, Inc., and its president Everett MacKaben (MacKaben), from a final judgment which adjudged K-Mac, Inc. liable to plaintiff, Our Own Hardware Company, for a debt of $118,884.73. The case was tried without a jury and the trial court entered findings of fact and conclusions of law. MacKaben raises three issues: (1) whether an agreement exists by which Our Own Hardware can charge interest on past due accounts in excess...

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