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F. H. PEAVEY & COMPANY v. WHITMAN

No. 10195.

146 N.W.2d 365 (1966)

F. H. PEAVEY & COMPANY, a Corporation, Plaintiff and Appellant, v. James WHITMAN, an Individual doing business under the firm name and style of Whitman Construction Co., E. J. Perry, Mary Elizabeth Perry, First National Bank of Aberdeen, Redfield Branch, a National Banking Corporation, Carl Sante and Ray G. Syverson, Defendants and Respondents.

Supreme Court of South Dakota.

November 16, 1966.

Attorney(s) appearing for the Case

Churchill, Sauer & Manolis, Huron, for plaintiff and appellant.

Gallagher & Battey, Redfield, for defendants and respondents.

WINANS, Circuit Judge.

The plaintiff brings this suit to obtain a judgment against the defendants, E. J. Perry and Mary Elizabeth Perry, for the sum of $8,590.99, with interest from August 27, 1957, for various building materials and supplies furnished by plaintiff to the defendant, Whitman, at his instance and request, between the dates of May 14, 1956 and June 4, 1957, inclusive, for the construction of a dwelling for the defendants Perry, and to foreclose a mechanic...

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