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REGAN v. MOYLE PETROLEUM CO.

No. 14084.

344 N.W.2d 695 (1984)

Agnes REGAN, Robert M. Regan, and Mary E. Regan, Plaintiffs and Appellees, v. MOYLE PETROLEUM COMPANY, a Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 29, 1984.

Attorney(s) appearing for the Case

Hermon B. Walker, Rapid City, for plaintiffs and appellees.

Robert L. Varilek and Robert R. Jackson, Rapid City, for defendant and appellant.

FOSHEIM, Chief Justice.

Moyle Petroleum Company (Moyle) appeals from an adverse verdict awarding damages for breach of a lease of real and personal property. We reverse and remand.

For twenty years Moyle leased a service station and various equipment from plaintiffs. Shortly before possession of the premises and equipment were to be returned by Moyle, a dispute arose concerning the leased property. The roof needed repair and several items of personal property...

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