Dunhill of Fargo, Inc. v. Lahman Manufacturing, Co.

I would reverse the summary judgment entered in favor of appellee and remand the case to the circuit court for further proceedings.

A reading of SDCL ch. 60-6A, as it was in effect at all times material to this action, persuades me that that chapter was never intended to apply to a situation such as that presented in the instant case. Rather, it appears that it was the intention of the legislature that adopted the statutes comprising Chapter 60-6A (1919 S.D. Sess. Laws ch. 190) that the provisions thereof should apply only to those employment agencies which charge a would-be employee a fee for…