DONOVAN v. POWERS

No. 10995.

193 N.W.2d 796 (1972)

Michael E. DONOVAN, Plaintiff and Appellant, v. Robert W. POWERS, Defendant and Respondent.

Supreme Court of South Dakota.

Decided January 27, 1972.


Attorney(s) appearing for the Case

Willy, Pruitt & Matthews, Gene E. Pruitt, Sioux Falls, for plaintiff and appellant.

Braithwaite, Cadwell & Braithwaite, Sioux Falls, for defendant and respondent.


BIEGELMEIER, Judge.

Defendant, a painting contractor, employed plaintiff as a painter; the hours of employment were from 8 a. m. to 4:30 p. m. at $3.50 per hour with payment for the preceding week being made each Friday at 4:30 p. m. On the Friday in question, plaintiff and defendant had completed one of the rooms of the house on which they were working when there was some discussion about going hunting. Following this conversation plaintiff carried out some equipment...

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