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NORTHERN FARM SUPPLY INC. v. SPRECHER

Nos. 13296, 13297, 13305 and 13306.

307 N.W.2d 870 (1981)

NORTHERN FARM SUPPLY, INC., (# 13306) and Multi-States Builders, Inc., (# 13305), Plaintiffs and Appellees, v. Robert SPRECHER, (# 13296 and # 13297), Defendant and Appellant, and Beadle County A.S.C.S. of Huron, South Dakota; Wilson Redi-Mix of Miller, South Dakota; and the United States Government, by and through the Farmers Home Administration of Huron, South Dakota, Defendants.

Supreme Court of South Dakota.

Decided July 8, 1981.

Attorney(s) appearing for the Case

Drew C. Johnson of Maloney, Kolker, Fritz, Hogan & Johnson, Aberdeen, for plaintiffs and appellees.

Thomas M. Tobin of Maynes, Tonner, Maynes & Tobin, Aberdeen, for defendants and appellant.

DUNN, Justice.

Multi-State Builders, Inc. (MSB) and Northern Farm Supply (NFS) brought action against Robert Sprecher (Sprecher), seeking to recover the balance due on a construction contract for a hog confinement building. The circuit court entered separate judgments in favor of MSB and NFS. We affirm in part, reverse in part, and remand.

In July of 1979, Sprecher entered into a contract whereby MSB and NFS agreed to construct a hog confinement building....

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