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SMILEY v. NATIONAL FIRE INSURANCE CO. OF HARTFORD

No. 9776-r.

100 N.W.2d 827 (1960)

J. C. SMILEY and Henrietta K. Smiley, Plaintiffs and Respondents, v. NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Corporation, Defendant, and Alex W. Findlay, an individual doing business as Findlay Construction Company, Defendant and Appellant.

Supreme Court of South Dakota.

February 2, 1960.

Attorney(s) appearing for the Case

Morrill & Morrill, Sturgis, for defendant and appellant.

H. F. Fellows, Rapid City, R. A. Smiley, William E. Anderson, Belle Fourche, for plaintiffs and respondents.

ROBERTS, Presiding Judge.

This is an appeal by permission from an order of compulsory reference.

SDC 33.1502(1) provides that the court, of its own motion, or upon application of either party, without the consent of the other, may direct a reference "when the trial of an issue of fact requires the examination of a long account on either side".

Plaintiffs brought this action to recover damages for the breach of a contract for the construction of an...

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