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HEPPER v. TRIPLE U ENTERPRISES, INC.

Nos. 14287, 14290 and 14391.

388 N.W.2d 525 (1986)

Adolph HEPPER, Lavern Hepper, and Ward Hepper, Plaintiffs and Appellees, v. TRIPLE U ENTERPRISES, INC., A Corporation; L.R. Houck, and Jerry Houck, Defendants and Appellants.

Supreme Court of South Dakota.

Decided May 28, 1986.

Attorney(s) appearing for the Case

Kennith L. Gosch of Bantz, Gosch, Cremer & Peterson, Aberdeen, Ronald R. Johnson of Johnson & Kelley, Lemmon, for plaintiffs and appellees.

Joseph M. Butler, Mark F. Marshall, Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendants and appellants.

FOSHEIM, Chief Justice.

Plaintiffs Adolph, Lavern, and Ward Hepper (Heppers) were awarded $286,2321 for breach of warranty on contracts for the purchase of buffalo. Defendant Triple U Enterprises, Inc., (Triple U) appeals. We reverse and remand.

In the fall of 1978, Heppers visited Triple U, a buffalo ranch operated by the Houck family. Heppers were shown the Triple U herd and buffalo raising was discussed. Houcks told the Heppers...

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