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REIF v. SMITH

No. 13345.

319 N.W.2d 815 (1982)

William G. REIF, d/b/a Reif Construction, and Marge Reif, Plaintiffs and Appellants, and First National Bank of the Black Hills, Plaintiff Intervenor, v. David A. SMITH and Patricia M. Smith, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 26, 1982.

Attorney(s) appearing for the Case

Reed C. Richards of Richards & Richards, Deadwood, for plaintiffs and appellants.

Roger Tellinghuisen of Amundson & Fuller, Lead, for defendants and appellees; Robert A. Amundson of Amundson & Fuller, Lead, on the brief.

MORGAN, Justice.

This action was commenced to foreclose a mechanic's lien for material and labor expended by the contractor (Reif)* in the construction of a residence for David and Patricia Smith (Smiths). Smiths counterclaimed for damages alleging failure to complete the house in a workmanlike manner. The trial court found that Reif had substantially completed the contract and allowed them approximately $6500 on their claim, the equivalent...

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