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  5. 387 N.W.2d 45 (1986)
 

HAGGAR v. OLFERT

Nos. 14513, 14717 and 14916.

387 N.W.2d 45 (1986)

Donald A. HAGGAR, Owner/Trustee of Haggar's Action Realty Trust Account, Plaintiff and Appellant, v. John OLFERT, John Broek, Forrest Hubers and Milton Proctor, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 7, 1986.

Attorney(s) appearing for the Case

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

T.F. Martin and Richard Helsper of McCann, Martin & Mickelson, Brookings, for defendants and appellees.

MORGAN, Justice.

This action was commenced by Donald A. Haggar, a realtor doing business as Haggar's Action Realty (Haggar) to recover for his trust account on a promissory note executed by the defendants individually and given by them to Haggar on behalf of Magnum Enterprises Inc. (Magnum), a corporation of which they were the sole stockholders, and which promissory note in the amount of $500,000 represented the down payment on a real estate transaction. Haggar sought...

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