NIELSEN v. McCABE

No. 16318.

442 N.W.2d 477 (1989)

Gary NIELSEN and Diana M. Nielsen, d/b/a Noah's Critters, Plaintiffs and Appellants, v. Terrence W. McCABE and Cynthia M. McCabe, d/b/a Noah's Critters of Watertown, South Dakota, and Oscar Nygaard, Defendants and Appellees.

Supreme Court of South Dakota.

Decided June 28, 1989.


Attorney(s) appearing for the Case

Daniel R. Fritz of Maloney, Kolker, Fritz, Hogan & Johnson, Aberdeen, for plaintiffs and appellants.

Paul I. Hinderaker of Austin, Hinderaker, Hackett & Hopper, Watertown, for defendants and appellees, Terrence W. McCabe and Cynthia M. McCabe.

James C. Roby of Green, Schulz, Roby & Ford, Watertown, for defendant and appellee, Oscar Nygaard.


MORGAN, Justice.

Gary and Diana Nielsen (Nielsen) appeal from a judgment entered against them in their unlawful detainer action against Terrence and Cynthia McCabe (McCabe) and from a declaratory judgment holding that their lease agreement with Oscar Nygaard (Nygaard) was null and void. We affirm in part, reverse in part, and reverse and remand in part.

In September 1978, Nielsen opened a pet store in Watertown in a premises leased

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