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HOLZWORTH v. LAMPERT LUMBER COMPANY

No. 9770.

100 N.W.2d 405 (1960)

Martin A. HOLZWORTH and Martha Holzworth, Plaintiffs and Respondents, v. LAMPERT LUMBER COMPANY, a Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

January 13, 1960.

Attorney(s) appearing for the Case

Gunderson, Farrar & Carrell, Rapid City, for defendant and appellant.

Burnell Hendricksen and Roswell Bottum, Rapid City, for plaintiffs and respondents.

BIEGELMEIER, Judge.

The facts in this case are that in June 1956 the defendant Lampert Lumber Company, which will be referred to as the Lumber Company, was the owner of a lot in Harmony Heights Addition to Spearfish, South Dakota. In October 1956 it commenced furnishing items of building material to improve this property and continued to furnish such material to and including May 15, 1957; on January 9, 1957, the Lumber...

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