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CARR v. BENIKE, INC.

No. 14633.

365 N.W.2d 4 (1985)

Robert L. CARR, William F. Maher and Curtis L. Sorum, d/b/a Aqua 4, A Partnership, Plaintiffs and Appellees, v. BENIKE, INC. and Dave Benike, Defendants and Appellants.

Supreme Court of South Dakota.

Decided March 27, 1985.

Attorney(s) appearing for the Case

Leon J. Vander Linden, Webster, for plaintiffs and appellees.

Galen G. Gillette, Redfield, for defendants and appellants.

WUEST, Acting Justice.

This appeal involves an action for breach of a farm lease agreement. The trial court held that lessee breached the lease and rendered judgment in favor of lessor in the amount of $21,938.08. We remand to the trial court to consider an abatement of lessor's damages.

Lessors Robert Carr, William Maher, and Curtis Sorum, a partnership doing business as Aqua Four (appellees), entered into a written farm lease with Benike, Inc. and Dave Benike...

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