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WILLERS v. WETTESTAD

No. 18258.

510 N.W.2d 676 (1994)

Stephen L. WILLERS, Plaintiff and Appellee, v. J.L. WETTESTAD, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 5, 1994.

Attorney(s) appearing for the Case

Lon J. Kouri of May, Johnson, Doyle & Becker, P.C., Sioux Falls, for plaintiff and appellee.

Mark V. Meierhenry of Danforth, Meierhenry & Meierhenry, Sioux Falls, for defendant and appellant.

TUCKER, Circuit Judge.

Following a trial to the court, the court entered judgment in favor of Stephen L. Willers and against Jerry Wettestad. The trial court found that a stock sale agreement between the parties created an express trust, that Wettestad breached his fiduciary duties as trustee by failing to act in good faith and to preserve the trust assets and that Stephen Willers was damaged as a result in the sum of ...

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