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CONNELLY v. SHERWOOD

No. 12109.

268 N.W.2d 140 (1978)

Arnold B. CONNELLY and Elaine Connelly, Plaintiffs and Respondents, v. Douglas L. SHERWOOD and Sharon R. Sherwood, Defendants, Third-party Plaintiffs and Respondents. FITZGERALD CONCRETE, INC., Defendant, Third-party Plaintiff and Appellant, v. CONCRETE MATERIALS COMPANY, Third-party Defendant and Respondent.

Supreme Court of South Dakota.

April 27, 1978.

Attorney(s) appearing for the Case

Robert C. Heege of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiffs and respondents.

James H. Baker, Sioux Falls, for defendants, third-party plaintiffs and respondents.

Steve Jorgensen of Willy, Pruitt, Matthews & Jorgensen, Sioux Falls, for defendant, third-party plaintiff and appellant.

John E. Burke, Sioux Falls, for third-party defendant and respondent.

ZASTROW, Justice.

This is an appeal from the trial court's dismissal of the third-party complaint of appellant Fitzgerald Concrete, Inc. against Concrete Materials Company. We affirm the trial court's decision.

Plaintiffs Arnold B. Connelly and Elaine Connelly (Connellys) purchased land from defendants Douglas Sherwood and Sharon Sherwood (Sherwoods) upon which the Sherwoods were to build a new home. Sherwoods subcontracted the construction of a concrete driveway...

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