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SCHOLL v. TALLMAN

No. 11863.

247 N.W.2d 490 (1976)

Wesley SCHOLL d/b/a Scholl Construction, Plaintiff and Appellant, v. Clinton R. TALLMAN and Virginia M. Tallman, Defendants and Respondents.

Supreme Court of South Dakota.

December 10, 1976.

Attorney(s) appearing for the Case

Charles L. Dorothy, Pierre, for plaintiff and appellant.

Ken C. Graves, Rapid City, for defendants and respondents.

WINANS, Justice.

This is an appeal from a judgment against plaintiff based on the affirmative defense of accord and satisfaction. Plaintiff argues that SDCL 57-1-23 requires a contrary result in this instance. We agree.

During 1971 Wesley Scholl, d/b/a Scholl Construction Company, did work for defendants, Clinton and Virginia Tallman, at their request. As of February 18, 1971 plaintiff's books indicated that the Tallmans owed $2,927.37. The Tallmans made payments...

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