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FARMERS FEED & SEED v. MAGNUM ENTERPRISES

No. 14224.

344 N.W.2d 699 (1984)

FARMERS FEED & SEED, INC., a South Dakota corporation, Plaintiff and Appellee, v. MAGNUM ENTERPRISES, INC., a South Dakota corporation; and John Broek, John Olfert, Forrest D. Hubers, Milton B. Procter, Leslie J. Broek, Individually and in their capacity as directors of Magnum Enterprises, Inc., Defendants and Appellants.

Supreme Court of South Dakota.

Decided February 29, 1984.

Attorney(s) appearing for the Case

John T. Hughes of Morman, Smit, Shepard, Hughes & Wolsky, Sturgis, for plaintiff and appellee.

Thomas P. Tonner of Maynes, Tonner, Maynes & Tobin, Aberdeen, for defendants and appellants.

DUNN, Justice.

This is an appeal from a summary judgment granted to the plaintiff, Farmer's Feed & Seed, Inc. (Feed & Seed), in an action to recover on a contract. We reverse and remand.

Feed & Seed is a South Dakota corporation engaged in the processing of grain and the selling of feed in Sturgis and Rapid City, South Dakota. Magnum Enterprises, Inc. (Magnum), is a South Dakota corporation engaged in the production and marketing of agricultural...

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