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DUCHENEAUX v. MILLER

No. 17640.

488 N.W.2d 902 (1992)

Melvin DUCHENEAUX, Plaintiff and Appellee, v. Eugene MILLER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 1, 1992.

Rehearing Denied August 5, 1992.

Attorney(s) appearing for the Case

Thomas M. Maher of Maher and Arendt, Keith A. Tidball, Pierre, for plaintiff and appellee.

Kennith L. Gosch of Bantz, Gosch, Cremer, Peterson & Oliver, Aberdeen, for defendant and appellant.

WUEST, Justice.

Melvin Ducheneaux (Ducheneaux) commenced this action against Eugene Miller (Miller) alleging breach of contract, deceit, and breach of implied warranty as a result of a sale by Miller to Ducheneaux of a herd of cattle in 1987. Miller counterclaimed for the amount due on the contract for the purchase of cattle. The matter was tried to the court. Miller appeals the trial court's judgment awarding Ducheneaux compensatory damages of $103,832.28, prejudgment...

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