VREUGDENHIL v. FIRST BANK OF S.D.

No. 17005.

467 N.W.2d 756 (1991)

Edwin VREUGDENHIL and Loretta Vreugdenhil, Plaintiffs/Appellants, v. FIRST BANK OF SOUTH DAKOTA, N.A., and Western Surety Company, Defendants/Appellees.

Supreme Court of South Dakota.

Decided March 27, 1991.


Attorney(s) appearing for the Case

J.M. Grossenburg, Winner, and Rick Johnson, Gregory, for plaintiffs/appellants.

Francis M. Smith of Woods, Fuller, Shultz & Smith, P.C., Sioux Falls, for defendants/appellees.


WUEST, Justice.

Edwin and Loretta Vreugdenhil appeal from an order denying their claim for exemplary damages. We reverse and remand.

In 1972, Ed Vreugdenhil (Ed) purchased a one-half interest in Menning Implement Company (Menning) of Corsica, South Dakota. Ed and Sidney Hoekstra (Hoekstra), the owner of the remaining one-half interest, operated the business together until 1979 when Ed purchased Hoekstra's interest in Menning. A portion of the downpayment for...

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