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CITY OF HOT SPRINGS v. GUNDERSON'S, INC.

No. 13481.

322 N.W.2d 8 (1982)

CITY OF HOT SPRINGS, Plaintiff and Appellee, v. GUNDERSON'S INC., a South Dakota Corporation, Defendant and Appellant, and Phelps-Benz and Associates, Inc., a Colorado Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 14, 1982.

Attorney(s) appearing for the Case

Marvin D. Truhe of Lynn, Jackson, Schultz & Lebrun, Rapid City, for appellee City of Hot Springs.

Edward C. Carpenter of Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, for appellee Phelps-Benz and Associates, Inc.

Joseph M. Butler of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for appellant.

MORGAN, Justice.

This appeal arises from defendant, Gunderson's Inc. (Gunderson's), motion to compel arbitration in a suit brought by the City of Hot Springs (City) against Gunderson's and Phelps-Benz & Associates (Phelps-Benz) for negligence and breach of contract in the construction and design of a city golf course. Only Gunderson's contract with City contained an arbitration clause. The trial court denied Gunderson's motion because Phelps-Benz could not be...

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