EQUIPMENT SERVICE PROFESSIONALS v. DENOWH

No. 23120.

693 N.W.2d 54 (2005)

2005 SD 20

EQUIPMENT SERVICE PROFESSIONALS, Plaintiff and Appellant, v. Keith DENOWH, Defendant and Appellee.

Supreme Court of South Dakota.

Decided February 9, 2005.


Attorney(s) appearing for the Case

John K. Nooney and Gregory J. Bernard of Thomas, Nooney, Braun, Solay & Bernard, Rapid City, South Dakota, Attorneys for appellant.

Craig A. Pfeifle and Joseph Ashley Parr of Lynn, Jackson, Shultz & Lebrun, Rapid City, South Dakota, Attorneys for appellee.


TIEDE, Circuit Judge.

[¶ 1.] Equipment Service Professionals, Inc. (ESP) sued Keith Denowh (Denowh) for collection of a promissory note executed by Denowh in favor of ESP. Denowh answered claiming that he tendered full payment under the promissory note by executing an assignment of his interest in a deferred compensation plan. Both parties filed motions for summary judgment. The trial court granted summary judgment in favor of Denowh. ESP appeals. We reverse...

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