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KAPPENMAN v. ACTION INC.

No. 14892.

392 N.W.2d 410 (1986)

Mark KAPPENMAN, Plaintiff and Appellant, v. ACTION INC., d/b/a the Action Co., and Dan Kappenman, Defendants and Appellees.

Supreme Court of South Dakota.

Decided August 7, 1986.

Attorney(s) appearing for the Case

Richard W. Sabers, Scott D. Kading, on brief, of Moore, Rasmussen, Sabers & Kading, Sioux Falls, for plaintiff and appellant.

Gerald L. Reade, of Brady, Kabeiseman, Reade & Johnson, Yankton, for defendant and appellee Action Inc.

Michael J. Schaffer, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellee Dan Kappenman.

MORGAN, Justice.

Plaintiff Mark Kappenman (Mark) appeals from an entry of judgment on a jury verdict adverse to Mark and favorable to both defendants. We affirm.

Mark Kappenman and Dan Kappenman (Dan) are brothers who farmed in a partnership from December 1976 through January 1979. During the partnership, Mark used a horse to herd and cut cattle. In December 1981, Mark returned to South Dakota from Wyoming to spend the holidays with his family. At this time...

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