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BOHLEN v. TYLER

No. 21949.

641 N.W.2d 134 (2002)

2002 SD 28

Earl D. BOHLEN, Plaintiff and Appellant, v. Kathy TYLER, d/b/a Tyler Computer Service, Defendant and Appellee.

Supreme Court of South Dakota.

Decided February 27, 2002.

Attorney(s) appearing for the Case

David R. Strait of Austin, Hinderaker, Hopper, Strait & Bratland, Watertown, Attorneys for plaintiff and appellant.

Gregory P. Grajczyk of Boos and Grajczyk, Milbank, Attorney for defendant and appellee.

AMUNDSON, Justice.

[¶ 1.] Earl D. Bohlen (Bohlen) sued Kathy Tyler, d/b/a Tyler Computer Service (Tyler), for an alleged breach of a lease agreement. The circuit court granted summary judgment in Tyler's favor. Bohlen appeals. We reverse.

FACTS

[¶ 2.] On July 20, 1998, Tyler entered a three-year lease agreement with Bohlen, the owner of Whetstone Mall in Milbank, South Dakota. Pursuant to this agreement, Tyler was to rent office space in...

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