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VAN DEN HOEK v. BRADWISCH

No. 12287.

273 N.W.2d 152 (1978)

Laverne VAN DEN HOEK, Plaintiff and Respondent, v. Robert BRADWISCH, Defendant and Appellant.

Supreme Court of South Dakota.

December 29, 1978.

Attorney(s) appearing for the Case

Douglas Luebke, of Horstman, Braley & Luebke, Corsica, for plaintiff and respondent.

Charles Rick Johnson, of Johnson, Johnson & Eklund, Gregory, for defendant and appellant.

PORTER, Justice.

CASE SUMMARY

Plaintiff-respondent Van Den Hoek (contractor) brought this action against defendant-appellant Bradwisch (owner), seeking to recover the balance due on a contract to construct a house. The trial court entered a judgment in favor of the contractor for $5,650.00 based on a jury verdict in that amount. We hold that the trial court's instructions allowed the jury to give the contractor damages based on the contract price, whether...

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