BUILDERS SPECIALTIES COMPANY v. SWANSON

No. 10254.

152 N.W.2d 550 (1967)

BUILDERS SPECIALTIES COMPANY, a Division of Artcraft Plastering Company, a Corporation, Plaintiff and Appellant, v. Charles L. SWANSON and Marion G. Swanson, Defendants and Respondents.

Supreme Court of South Dakota.

September 6, 1967.


Attorney(s) appearing for the Case

Royhl, Benson & Beach, Huron, for plaintiff and appellant.

Martens, Goldsmith, May & Porter, Thomas C. Adam, Pierre, for defendants and respondents.


LUND, Circuit Judge.

This is an action to foreclose a mechanic's lien, with interest and costs and attorney's fees, as the balance owing for the construction of an addition to, and remodeling of defendants' residence in the City of Pierre. Plaintiff, by his complaint, alleged both the theory of contract and quantum meruit. Defendants, in addition to a general denial, and by way of counterclaim, pleaded a contract for a specified sum with the work to be completed in...

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