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EQUILEASE CORP. v. BRECH

No. 13419.

318 N.W.2d 345 (1982)

EQUILEASE CORPORATION, Plaintiff and Appellee, v. Rudolph BRECH, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 21, 1982.

Attorney(s) appearing for the Case

C. Scott Pryor of Doyle, Mahoney & Lyons, Sioux Falls, for plaintiff and appellee.

L. Anthony Weisensee, Sioux Falls, for defendant and appellant.

WOLLMAN, Chief Justice.

This is an appeal from a summary judgment granted to appellee, Equilease, in its action to enforce the terms of a lease of a flatbed trailer it had leased to appellant, Brech. Appellant answered the complaint with two specific defenses, one alleging misrepresentation. We reverse and remand.

We stated the criteria governing a ruling on a motion for summary judgment in Wilson v. Great Northern Railway Company, 83 S.D. 207, 212...

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