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GRADY v. FELKER

No. 10768.

186 N.W.2d 509 (1971)

Leo GRADY, d/b/a Grady Construction Company, Plaintiff and Respondent, v. R. J. FELKER, Defendant and Appellant.

Supreme Court of South Dakota.

April 16, 1971.

Attorney(s) appearing for the Case

Tinan, Carlson, Padrnos & Smith, Mitchell, for plaintiff-respondent.

Lammers & Lammers, Madison, for defendant-appellant.

GRIEVES, Circuit Judge.

In this action plaintiff seeks to recover $642.45, plus interest, for alleged goods, wares and merchandise furnished and services rendered to the defendant at his request in connection with the repair of a building owned by defendant.

The answer of the defendant was a general denial and a counterclaim which stated:

"That during the month of May, 1965, or thereabouts, the plaintiff undertook excavation operations on the lot...

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