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CANEVA v. MINERS AND MERCHANTS BANK

No. 13996.

335 N.W.2d 339 (1983)

Francis CANEVA, d/b/a Brunswick Building Corporation, A Partnership, Plaintiff and Appellant, v. MINERS AND MERCHANTS BANK, A Banking Corporation, David R. Workman, Donna L. Workman, David J. Workman and Daniel W. Workman, Defendants and Appellees.

Supreme Court of South Dakota.

Decided June 22, 1983.

Attorney(s) appearing for the Case

Reed C. Richards of Richards & Richards, Deadwood, for plaintiff and appellant.

Wynn A. Gunderson of Gunderson & Palmer, Rapid City, for defendants and appellees Workmans.

Raymond J. Voelker, Jr. of Voelker & Adam, P.C., Deadwood, for defendant and appellee Bank.

FOSHEIM, Chief Justice.

This is an appeal from a summary judgment in favor of the appellees. We affirm in part, reverse in part and remand.

Francis Caneva (appellant) is a partner in the Brunswick Building Corporation which owned certain property in Deadwood, South Dakota. In 1977, appellant leased this property to Appellees David and Donna Workman (Workmans) and their two sons. The lease was for a term of five years with a rental of $400 per month. The retail...

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