NICHOLS v. BRADY CONSULTANTS, INC.

No. 13169.

305 N.W.2d 849 (1981)

Donald G. NICHOLS, Plaintiff and Appellant, v. BRADY CONSULTANTS, INC., Defendant, Third-Party Plaintiff and Appellee, v. DEER MEADOWS, INC., Third-Party Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 20, 1981.

Rehearing Denied June 24, 1981.


Attorney(s) appearing for the Case

Harlan A. Schmidt, Spearfish, for appellant; Steven J. Bucher, legal intern, Spearfish, on the brief.

Craig G. Grotenhouse, Spearfish, for appellee Brady.

Thomas E. Brady, Spearfish, for appellee Meadows.


WOLLMAN, Chief Justice.

Donald G. Nichols (appellant) appeals from the summary judgment entered in behalf of appellee Brady Consultants, Inc. (Brady), and from the order denying his motion to amend his answers to interrogatories. We reverse and remand.

The third-party defendant, Deer Meadows, Inc. (Deer Meadows), is the developer of a residential subdivision near Spearfish, South Dakota. It hired Brady to survey the subdivision plat, and on May 20, 1975, Brady...

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