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FRISBEE v. DALE

No. 12232.

272 N.W.2d 806 (1978)

Lloyd FRISBEE and Linda Frisbee, Plaintiffs and Respondents, v. Dennis DALE, Defendant and Appellant.

Supreme Court of South Dakota.

December 22, 1978.

Attorney(s) appearing for the Case

Steve Jorgensen of Willy, Pruitt, Matthews & Jorgensen, Sioux Falls, for plaintiffs and respondents.

William G. Taylor, Jr., of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellant.

WOLLMAN, Chief Justice.

This appeal is from a default judgment entered against appellant Dale. We reverse and remand.

This action was commenced by service of a summons and complaint upon appellant on November 4, 1976. The complaint alleged that respondents had advanced $1,750 to appellant for construction of a fireplace in their new home, that appellant had made no effort to fulfill the alleged contract, and that respondents had suffered general and

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