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ETHAN DAIRY PRODUCTS v. AUSTIN

No. 16377.

448 N.W.2d 226 (1989)

ETHAN DAIRY PRODUCTS, Plaintiff/Appellee, v. Paul AUSTIN and American Cheesemen, Inc., Defendants and Third Party Plaintiffs/Appellants, v. OSHKOSH COLD STORAGE, Third Party Defendant/Appellee.

Supreme Court of South Dakota.

Decided November 22, 1989.

Attorney(s) appearing for the Case

Ronald J. Wheeler of Wheeler Law Office, Huron, for plaintiff/appellee Ethan Dairy Products.

Robert W. Swank of Stiles, Anderson and Swank, Mitchell, for defendants and third party plaintiffs/appellants Paul Austin and American Cheesemen, Inc.

KONENKAMP, Circuit Judge.

Paul F. Austin (Austin) and American Cheesemen, Inc. (American Cheesemen) appeal from a judgment against them for breach of contract on the purchase price of 199 blocks of cheese. We affirm, in part, reverse, in part, and remand.

The president of Ethan Dairy Products (Ethan Dairy) telephoned Austin, the sole owner and president of American Cheesemen and offered to sell two hundred, 40 pound...

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