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CANTON CONCRETE PRODUCTS CORP. v. ALDER

No. 12285.

273 N.W.2d 120 (1978)

CANTON CONCRETE PRODUCTS CORPORATION, Plaintiff and Appellant, v. James W. ALDER, Individually, City of Yankton, the American State Bank, and Alder Construction Company, Inc., Defendants and Respondents.

Supreme Court of South Dakota.

Decided December 27, 1978.

Attorney(s) appearing for the Case

Milton Buechler, Lennox, for plaintiff and appellant.

William J. Klimisch of Goetz, Hirsch, Haar & Klimisch, Yankton, for respondent City of Yankton.

Delvin N. J. Welter, Yankton, for respondent James W. Alder, individually and Alder Construction Company, Inc.

Richard D. Hagerty, Yankton, for respondent American State Bank.

ZASTROW, Justice.

Canton Concrete Products Corporation (Plaintiff) brought an action to recover damages for the value of construction materials provided to James Alder (Alder) and Alder Construction, Inc. The materials provided to Alder were used in a construction project Alder had contracted with the City of Yankton (City). A performance bond had been furnished by Alder to the City in the form of a certified check drawn on the American State Bank (Bank). The contract...

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