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JAMES RIVER EQUIP. v. BEADLE COUNTRY EQUIP

No. 21986.

646 N.W.2d 265 (2002)

2002 SD 61

JAMES RIVER EQUIPMENT CO., f/k/a Brandt Equipment Co., a South Dakota Corporation, Plaintiff and Appellant, v. BEADLE COUNTY EQUIPMENT, INC., a South Dakota Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decide May 22, 2002.

Attorney(s) appearing for the Case

James E. Moore and Jennifer L. Wollman of Woods, Fuller, Shultz & Smith, Sioux Falls, South Dakota, Attorneys for plaintiff and appellant.

Rodney Freeman, Jr. and Kent A. Shelton of Churchill, Manolis, Freeman, Kludt, Shelton & Burns, Huron, South Dakota, Attorneys for defendant and appellee.

WILBUR, Circuit Judge.

[¶ 1.] James River Equipment Co. (James River), formerly known as Brandt Equipment Co., purchased an implement dealership from Beadle County Equipment, Inc. (Seller). Used equipment constituted a significant part of the transaction. After the purchase, James River discovered that the hours of usage for five combines that were part of the used equipment inventory were not as indicated by Seller. James River sued for breach of contract and...

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