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LANDEEN v. YONKER, INC.

No. 10680.

175 N.W.2d 50 (1970)

Clarence LANDEEN, Plaintiff and Appellant, v. YONKER, INC., Defendant and Respondent.

Supreme Court of South Dakota.

March 5, 1970.

Attorney(s) appearing for the Case

Dana, Golden, Moore & Rasmussen, and Richard W. Sabers, Sioux Falls, for plaintiff and appellant.

May, Boe & Johnson, Sioux Falls, Thompson, Solberg, Anderson & Green, Fargo, N. D., for defendant and respondent.

RENTTO, Judge.

Plaintiff is a dirt-moving contractor and the owner of a 1957 D-9 Caterpillar tractor with a dozer attachment. When not being used by him on his own undertakings he leases this equipment to others. In this action he seeks damages for the breach of an oral contract under which he leased it to the defendant. On trial to the court he recovered only a part of the damages he was seeking. He appeals.

In addition to denying plaintiff's claims against...

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