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PECAUT EQUIPMENT COMPANY v. WACHENDORF

No. 9943.

110 N.W.2d 844 (1961)

PECAUT EQUIPMENT COMPANY, a Corporation, Plaintiff and Respondent, v. Roger WACHENDORF and Ward Nelson, Defendants, Appellant Ward Nelson.

Supreme Court of South Dakota.

October 9, 1961.

Attorney(s) appearing for the Case

Blaine Simons, Sioux Falls, for appellant Ward Nelson.

Willy, Pruitt & Matthews, Acie W. Matthews, Sioux Falls, for respondent.

BIEGELMEIER, Judge.

Plaintiff's complaint alleged defendants while engaged in joint building ventures became indebted to plaintiff, to which complaint defendants served separate answers appearing by different counsel. Defendant Wachendorf made no appearance at the trial. The trial court found defendants operated as joint venturers, that they advised plaintiff thereof and of the method charges for purchases were to be made, that both defendants were liable for the...

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