Smith v. Halverson

(on reassignment).

This is an appeal by Donald J. Smith (Smith) from a judgment dismissing his complaint against the First National Bank in Sioux Falls (bank) on a verdict directed against Smith by the trial court. We reverse and remand the case for trial.

Smith is a trucker who on August 20, 1974, entered into a contract with the Kol-man Division of Athey Products Corporation of Sioux Falls to deliver some machinery manufactured by Kolman for use in the construction of the Alaskan pipeline. On September 9, 1974, Smith received authority from the Interstate Commerce Commission to transport the…