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SIMPSON v. C & R SUPPLY, INC.

Nos. 20427, 20451.

598 N.W.2d 914 (1999)

1999 SD 117

Mike SIMPSON, individually and d/b/a Delta Enterprises, Plaintiff and Appellant, v. C & R SUPPLY, INC., a South Dakota Corporation, and C & R Supply, Inc., d/b/a A & M Industries, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 25, 1999.

Attorney(s) appearing for the Case

Gale Fisher, Sioux Falls, for plaintiff and appellant.

Thomas J. Welk, Lisa Hansen Marso, of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] Mike Simpson appeals a grant of summary judgment in favor of C & R Supply. We affirm in part, reverse in part, and remand.

Facts

[¶ 2.] In 1970, Mike Simpson began Delta Enterprises. Delta acted as a manufacturer's sales representative for companies making component parts for agricultural sprayers and other farm equipment. It took orders from customers and forwarded those orders directly to the manufacturers...

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