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FRITZEL v. ROY JOHNSON CONST.

Nos. 20617, 20642.

594 N.W.2d 336 (1999)

1999 SD 59

Charles H. FRITZEL and First National Bank in Sioux Falls, as Trustee for the Charles H. Fritzel Trust, Plaintiffs and Appellees, v. ROY JOHNSON CONSTRUCTION, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 12, 1999.

Attorney(s) appearing for the Case

Chad W. Swenson of Johnson, Heidepriem, Miner, Marlow & Janklow, L.L.P., Sioux Falls, for plaintiffs and appellees.

Patrick J. Kane, Robert L. O'Conner, Sioux Falls, for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] When an estate was closed while its lawsuit was still pending, the trial court allowed an heir and his trust to substitute as plaintiffs, but no "documented" transfer to them of the estate's chose in action was ever consummated. Could the new plaintiffs pursue the action if it was not formally assigned to them? Because a chose in action is a form of personal property, it must be legally conveyed to effect a transfer. Nonetheless, an...

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