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HABERER v. RADIO SHACK

No. 19251.

555 N.W.2d 606 (1996)

1996 SD 130

Merle HABERER and Carney Haberer, Plaintiffs and Appellants, v. RADIO SHACK, A DIVISION of TANDY CORPORATION; and Brick's TV & Appliance Repair, Defendants and Appellees.

Supreme Court of South Dakota.

On Reassignment August 23, 1996.

Decided October 30, 1996.

Attorney(s) appearing for the Case

Rick Johnson of Johnson, Eklund, Nicholson and Dougherty, Gregory, for plaintiffs and appellants.

Reed Rasmussen of Siegel, Barnett and Schutz, Aberdeen, for appellee Radio Shack.

Chester A. Groseclose of Richardson, Groseclose, Wyly, Wise and Sauck, Aberdeen, for appellee Brick's.

GILBERTSON, Justice (on reassignment).

[¶ 1] Carney and Merle Haberer (Haberer) appeal a directed verdict in favor of Brick's TV & Appliance and a jury verdict in favor of Radio Shack. We affirm.

FACTS & PROCEDURE

[¶ 2] Haberer owned the "Showcase," a bar in Aberdeen, South Dakota. In 1993, Haberer contacted James Schaunaman to install and upgrade a sound system in the bar, using equipment Haberer already owned. Haberer first met...

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