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THORSON v. PFEIFER

No. 10295.

145 N.W.2d 438 (1966)

Theodore E. THORSON, d/b/a Thorson Heating, Plaintiff and Appellant, v. Carl W. PFEIFER, Darrel P. Drake, and Merlin G. Dodge, d/b/a Pfeifer, Drake & Dodge Co., a partnership, R. W. Jolley and Patsy L. Jolley, and Richard Year, d/b/a Arbor Hill Landscape Service, Defendants and Respondents.

Supreme Court of South Dakota.

October 13, 1966.

Attorney(s) appearing for the Case

Dana, Golden, Moore & Rasmussen, and Peder K. Ecker, Sioux Falls, for plaintiff and appellant.

May, Boe & Johnson, and Paul B. Van Buren, Sioux Falls, for defendants and respondents.

HANSON, Judge:

In this action to foreclose a mechanic's lien the question is whether or not plaintiff timely filed a lien statement within 120 days after doing the last work or furnishing the last item of material in accordance with SDC 39.0708 as amended by Chapter 200, Laws of 1961. The question is presented by plaintiff's appeal from an adverse judgment canceling his lien.

It appears that defendant Pfeifer, Drake & Dodge Company, a partnership, contracted...

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