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  5. 519 N.W.2d 341 (1994)
 

MAYBEE v. JACOBS MOTOR CO., INC.

Nos. 18117, 18119.

519 N.W.2d 341 (1994)

Johnie MAYBEE, Plaintiff and Appellee, v. JACOBS MOTOR CO., INC., a South Dakota Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 20, 1994.

Attorney(s) appearing for the Case

Curt Ireland, Rapid City, for appellee.

Frank Driscoll, of Gunderson, Farrar, Aldrich & DeMersseman, Rapid City, for appellant.

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

After discovering that the used 1984 van she purchased from appellant Jacobs Motor Company had a 1966 engine in it, Johnie Maybee commenced this action alleging negligent misrepresentation, fraud and deceit. In a memorandum ruling issued September 9, 1991, the trial court summarily dismissed the negligence claim, but not her fraud and deceit claim.

Following a June 1992 trial, the jury returned...

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