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CONVENIENCE CENTER, INC. v. COLE

Nos. 22861, 22875.

678 N.W.2d 774 (2004)

2004 SD 42

CONVENIENCE CENTER, INC., Plaintiff and Appellee, v. David COLE d/b/a Cole Petroleum Co. and Cole's Petroleum Products, Inc., a South Dakota corporation, Defendants and Appellants.

Supreme Court of South Dakota.

Decided March 31, 2004.

Attorney(s) appearing for the Case

Thomas K. Wilka of Hagen, Wilka & Archer, Rapid City, South Dakota, Attorneys for plaintiff and appellee.

James C. Roby of Green, Schulz, Roby, Oviatt, Cummings & Linngren, Watertown, South Dakota, Attorneys for defendants and appellants.

KONENKAMP, Justice.

[¶ 1.] Convenience Center, Inc. (CCI) brought a declaratory action requesting the circuit court to rule that Cole's Petroleum Co. had breached a petroleum product delivery agreement between the parties when it charged CCI an unreasonable and unfair price for the products. After discovery, CCI amended its complaint to allege that Charlotte Cole had held all rights under the delivery agreement and that she had effectively released CCI from any...

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