SHERMAN v. MEYER

No. 13289.

312 N.W.2d 373 (1981)

Chet SHERMAN, d/b/a Sherman's Concrete Construction, Plaintiff and Appellant, v. Donald W. MEYER and Audrey R. Meyer, Defendants and Appellees.

Supreme Court of South Dakota.

Decided November 10, 1981.

Rehearing Denied December 2, 1981.


Attorney(s) appearing for the Case

William J. Pfeiffer, Aberdeen, for plaintiff and appellant.

Bruce A. Hubbard of Morrill, Hansen, Hubbard & Brown, Sturgis, for defendants and appellees.


PER CURIAM.

Chet Sherman (appellant) appeals from an order granting appellees' motion to dismiss. We affirm.

Appellees, Donald and Audrey Meyer, had hired a contractor, Russell Johnson, to do work on their property. Johnson subcontracted work to appellant who filed a mechanic's lien for his work. In accordance with SDCL 44-9-26, appellees demanded foreclosure of the lien. Appellant counterclaimed for services and goods sold and delivered in the amount of his...

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