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CUNDY v. INTERNATIONAL TRENCHER SERVICE

Nos. 14312, 14313.

358 N.W.2d 233 (1984)

Duane CUNDY, Plaintiff and Appellant, v. INTERNATIONAL TRENCHER SERVICE, INC., an Illinois Corporation, and Tri-State Sales, Inc., a Minnesota Corporation, Defendants and Appellees.

Supreme Court of South Dakota.

Decided November 14, 1984.

Attorney(s) appearing for the Case

Charles Rick Johnson of Johnson, Eklund & Davis, Gregory, for plaintiff and appellant Cundy.

Robert Anderson of May, Adam, Gerdes & Thompson, Pierre, for defendant and appellee Intern. Trencher Service, Inc.; Charles M. Thompson of May, Adam, Gerdes & Thompson, Pierre, on brief.

Robert D. Hofer of Riter, Mayer, Hofer & Riter, Pierre, for defendant and appellee Tri-State Sales, Inc.

HENDERSON, Justice.

This is a civil appeal involving the purchase of a trenching machine, the U.C.C. and the rights and obligations of the purchaser, dealer, and distributor thereunder. From a judgment in favor of purchaser and against dealer in the amount of $30,000, and requiring $15,000 contribution from distributor, we affirm in part, reverse and remand in part.

Appellant, Duane Cundy (Cundy), instituted a lawsuit...

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