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BENNETT v. JANSMA

No. 13613.

329 N.W.2d 134 (1983)

Gaylen BENNETT, Plaintiff and Appellant, v. Tony JANSMA, d/b/a Jansma Cattle Co., Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 19, 1983.

Attorney(s) appearing for the Case

William J. Klimisch of Goetz, Hirsch & Klimisch, Yankton, for plaintiff and appellant.

C.E. Light of Light Law Offices, Yankton, for defendant and appellee.

MORGAN, Justice.

This appeal arises from a suit following the sale of cattle from appellee Tony Jansma, doing business as Jansma Cattle Company (Jansma), to appellant Gaylen Bennett (Bennett) through the Yankton Livestock Auction sales yard (Auction). The court sitting without a jury dismissed Bennett's complaint with prejudice and Bennett appeals. We affirm.

On December 7, 1979, Bennett attended the Auction and purchased 107 head of cattle in three lots....

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