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PESKA PROPERTIES v. NORTHERN RENTAL CORP.

#29433.

976 N.W.2d 749 (2022)

2022 S.D. 33

PESKA PROPERTIES, INC., Plaintiff and Appellant, v. NORTHERN RENTAL CORP., a South Dakota Corporation, and Steve Willis, Individually, Defendants and Appellees.

Supreme Court of South Dakota.

OPINION FILED June 15, 2022.

Attorney(s) appearing for the Case

KASEY L. OLIVIER , ASHLEY MILES HOLTZ of Olivier Miles Holtz, LLP, Sioux Falls, South Dakota, THOMAS J. NICHOLSON of Nicholson Law, Sioux Falls, South Dakota, Attorneys for plaintiff and appellant.

KENT R. CUTLER , KIMBERLY R. WASSINK of Cutler Law Firm, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

[¶1.] Northern Rental Corporation (Northern) and Steve Willis (Willis) defaulted on their lease agreement (Northern Lease) with Peska Properties, Inc. (Peska Properties) in July 2019. Peska Properties then entered into a lease with Mills Aftermarket Accessories, Inc. (Radco) to fill Willis/Northern's remaining 34-month lease...

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