Legal Opinion

Kostel Funeral Home, Inc. v. Duke Tufty Co.

South Dakota Supreme Court

Decided September 10, 1986No. 15040PublishedCited by 31 opinions

1Opinion of the Court

MORGAN, Justice.

Joseph L. Swenson (Swenson), a used-car wholesaler, was found liable by a jury for violation of 15 U.S.C. § 1989, et seq. Swen-son appeals the award of civil damages and claims prejudicial error by the trial court. We affirm.

The dispute in this case centers around the sale and purchase of a used 1980 Jeep Wagoneer. The Wagoneer was originally purchased by defendant Luther J. Munkvold (Munkvold) from Tholen Auto Sales of Marshall, Minnesota. The odometer at the time of the purchase from Tholen Auto Sales read 7,798 miles, which indicated the odometer had “turned over.” The…

2Cases cited3 opinions

  1. Duval v. Midwest Auto City, Inc.Court of Appeals for the Eighth Circuit · 1978
  2. Van Zee v. AssamSouth Dakota Supreme Court · 1983
  3. Vogt v. NelsonWisconsin Supreme Court · 1975

3Cited by31 opinions

  1. Garrett v. BankWest, Inc.South Dakota Supreme Court · 1990
  2. City of Sioux Falls v. KelleySouth Dakota Supreme Court · 1994
  3. State v. DixonSouth Dakota Supreme Court · 1988
  4. Helmbolt v. LeMars Mutual Insurance Co.South Dakota Supreme Court · 1987
  5. Nielsen v. McCabeSouth Dakota Supreme Court · 1989

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