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COLTON v. DECKER

Nos. 18709, 18710.

540 N.W.2d 172 (1995)

John COLTON and Pamela Colton, Plaintiffs and Appellees, v. Lee DECKER and Betty Decker, Defendants and Appellants.

Supreme Court of South Dakota.

Decided November 15, 1995.

Rehearing Denied December 13, 1995.

Attorney(s) appearing for the Case

Thomas J. Johnson, Sioux Falls, for plaintiffs and appellees.

Gail E. Fisher, Sioux Falls, for defendants and appellants.

KONENKAMP, Justice.

After his truck was seized by law enforcement officials for having multiple serial numbers the owner sued and recovered damages from the seller. Both parties appeal. We affirm the breach of warranty of title but reverse and remand a portion of the damages award.

FACTS

Lee Decker, an over-the-road trucker, purchased a repossessed 1975 Peterbilt truck, Model 359, from a Minnesota bank in 1984. The truck's history is not completely...

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