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TAYLOR REALTY CO. v. HABERLING

No. 14113.

365 N.W.2d 870 (1985)

TAYLOR REALTY CO., a South Dakota Corporation, Plaintiff and Appellant, v. Bill HABERLING, Defendant and Appellee.

Supreme Court of South Dakota.

Decided April 10, 1985.

Attorney(s) appearing for the Case

Edwin E. Evans, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiff and appellant; Michael J. Schaffer, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, on brief.

Steven W. Sanford, of Cadwell, Sanford & Deibert, Sioux Falls, for defendant and appellee; William C. Garry, of Cadwell, Sanford & Deibert, Sioux Falls, on brief.

MARTIN, Circuit Judge.

Plaintiff, Taylor Realty Company, appeals from a judgment and from a subsequent order denying its motion for a new trial on the issue of damages. We affirm.

This action arises out of a lease of real property owned by plaintiff. The property in question consists of a gasoline station located just outside the city limits of Sioux Falls, South Dakota. On February 26, 1976, plaintiff leased the...

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