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TEIGEN CONST. v. PAVEMENT SPECIALISTS, INC.

No. 12041.

267 N.W.2d 574 (1978)

TEIGEN CONSTRUCTION, INC., Plaintiff and Respondent, v. PAVEMENT SPECIALISTS, INC., Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 20, 1978.

Rehearing Denied July 21, 1978.

Attorney(s) appearing for the Case

John E. Burke, of May, Johnson & Burke, P. C., Sioux Falls, for plaintiff and respondent.

Richard O. Gregerson, of Woods, Fuller, Shultz & Smith, Sioux Falls, David P. Hiller, of Dunbar, Kienzle & Murphey, Columbus, Ohio, for defendant and appellant.

MORGAN, Justice.

This action arose between the parties to a subcontract for spall work on I-29, which subcontract was entered into between Pavement Specialists, Inc. (PSI), the prime contractor under a state contract, and Teigen Construction, Inc. (Teigen). Teigen commenced suit for the payment of money claimed due and PSI counterclaimed for damages for failure to fulfill the contract. A trial to the court resulted in a judgment in favor of Teigen on its complaint...

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