EBERLE v. SIOUXLAND PACKING CO., INC.

No. 12240.

266 N.W.2d 256 (1978)

Ben EBERLE, d/b/a B. & E. Refrigeration & Air Conditioning, Plaintiff and Respondent, v. SIOUXLAND PACKING COMPANY, INC., Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 25, 1978.


Attorney(s) appearing for the Case

Thomas W. Parliman of Parliman & Parliman, Sioux Falls, for plaintiff and respondent.

Robert C. Heege of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellant.


DUNN, Chief Justice.

This is a contract action seeking reimbursement for labor and materials provided by the plaintiff while attempting to set up a refrigeration system for the defendant. The defendant counterclaimed for damages allegedly caused by the plaintiff's poor workmanship and failure to fulfill his contract obligation. A six-person jury from the Second Judicial Circuit awarded the plaintiff his requested damages of $3,273.16 and denied the defendant's counterclaim...

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