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BAKER v. WILBURN

No. 16602.

456 N.W.2d 304 (1990)

LeMoine BAKER, Plaintiff and Appellant, v. Lavern E. WILBURN and Robert M. Steele, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 16, 1990.

Rehearing Granted June 28, 1990.

Attorney(s) appearing for the Case

Mitchell C. LaFleur of LaFleur, LaFleur & LaFleur, Rapid City, for plaintiff and appellant.

Richard E. Huffman, for defendants and appellees; John J. Delaney, Banks, Johnson, Johnson, Colbath & Huffman, Rapid City, on the brief.

SABERS, Justice.

LeMoine Baker appeals from a judgment denying his claim against Wilburn & Steele individually for payments under a business sale agreement.

Facts

In 1972, Wendell Peden sold what was then known as the Anchor Lounge to Marlow Jurisch and his wife. The sale of the business was pursuant to an agreement which required Jurisch to make regular payments to Peden. Peden eventually assigned his seller's interest in this Peden/Jurisch...

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