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NBC LEASING CO. v. STILWELL

No. 13843.

334 N.W.2d 496 (1983)

NBC LEASING COMPANY, a Corporation, Plaintiff and Appellee, v. Merle R. STILWELL and Linda Stilwell, Defendants, Third-Party Plaintiffs and Appellees. and Clayton NEUHAUSER, Defendant and Appellant, v. Ray NEUHAUSER and Neuhauser Ranch, Inc., a Corporation, Third-Party Defendants.

Supreme Court of South Dakota.

Decided June 1, 1983.

Rehearing Denied July 5, 1983.

Attorney(s) appearing for the Case

Jeffrey T. Sveen of Siegel, Barnett & Schutz, Aberdeen, for plaintiff and appellee.

Bernard E. Duffy of Bergren & Duffy, Fort Pierre, for defendants, third-party plaintiffs and appellees.

John S. Lovald of Duncan, Olinger, Srstka, Lovald & Robbennolt, P.C., Pierre, for defendant and appellant.

HENDERSON, Justice.

ACTION/PROCEDURAL HISTORY

During August 1979, appellee NBC Leasing Company initiated this civil action to collect unpaid installments on an irrigation system from appellees Merle R. Stilwell, Linda Stilwell, and appellant Clayton Neuhauser. Neuhauser was the assignee of the Stilwells. Answers were interposed and in July 1981, the Stilwells made demand upon Neuhauser to assume the defense of the action and to indemnify, save, and hold...

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