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MOE v. JOHN DEERE CO.

No. 18308.

516 N.W.2d 332 (1994)

Ted MOE, Plaintiff and Appellant, v. JOHN DEERE COMPANY, Defendant and Appellee, and Day County Implement Company, Defendant.

Supreme Court of South Dakota.

Decided May 25, 1994.

Attorney(s) appearing for the Case

Bret Chancelor Merkle, Samp Law Offices, Sioux Falls, for plaintiff and appellant.

James M. Wiederrich, Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellee.

MOSES, Circuit Judge.

This is an appeal by Ted Moe (Moe) from a summary judgment granted by Third Judicial Circuit Court in favor of John Deere Company (Deere) and Day County Implement Company (Implement). We reverse.

FACTS

On September 29, 1983, Moe bought a farm tractor from Day County Equipment in Watertown, South Dakota. He purchased a John Deere D8850 for a cash price of $121,268.00. In financing the transaction, Moe traded in two old tractors...

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