SCOTT v. WAGNER

No. 12332.

274 N.W.2d 266 (1979)

James SCOTT, d/b/a Scott Construction Company, Plaintiff and Appellant, v. Loyd R. WAGNER, M. D. and Donna D. Wagner, Defendants and Respondents.

Supreme Court of South Dakota.

January 18, 1979.


Attorney(s) appearing for the Case

A. P. Fuller of Kellar, Kellar, Fuller & Amundson, Lead, for plaintiff and appellant.

Michael F. Pieplow of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendants and respondents.


BERNDT, Circuit Judge.

In the spring of 1974, plaintiff entered into a verbal contract with defendants to build a recreational home near Terry Peak, Lawrence County, South Dakota. Price was on a cost plus basis. Plaintiff promised completion by September 1, 1974.

After various complaints by Dr. Wagner regarding unexplained construction delays, general poor quality of workmanship, excessive cost overruns, unsquare framing, deviation from blueprints, and other...

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