ENGLEBERT v. RYDER

No. 9677.

91 N.W.2d 739 (1958)

Gene ENGLEBERT, doing business as Englebert Plumbing & Heating, Plaintiff and Respondent, v. C. F. RYDER, doing business as Ryder Construction, Defendant and Appellant.

Supreme Court of South Dakota.

August 22, 1958.


Attorney(s) appearing for the Case

James Clapp and John C. Searle, Rapid City, for defendant and appellant.

Julius F. Sieler, and William F. Brady, Rapid City, for plaintiff and respondent.


SMITH, Judge.

This is an action for damages for breach of contract. Trial to a jury resulted in a verdict and judgment for plaintiff for $1,500 as prayed in his complaint. Thereafter a motion for new trial was made and denied. Defendant has appealed.

In view of the result below, under settled principles, the facts are stated in the light most favorable to plaintiff.

The plaintiff is a plumbing and heating contractor of Rapid City, South Dakota. The...

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