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CARNICLE v. SWANN

No. 13291.

314 N.W.2d 311 (1982)

Clifford CARNICLE, d/b/a Carnicle Construction, Plaintiff and Appellee, v. George SWANN, Jr., Defendant and Appellant.

Supreme Court of South Dakota.

January 6, 1982.

Attorney(s) appearing for the Case

Phillip O. Peterson of Frieberg, Frieberg & Peterson, Beresford, for plaintiff and appellee.

Robert E. Hayes of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellant; Charles D. Gullickson of Davenport, Evans, Hurwitz & Smith, Sioux Falls, on the brief.

WOLLMAN, Chief Justice.

Appellee sued appellant for the reasonable value of materials and labor expended to remodel appellant's house. The trial court's judgment dismissed appellant's counterclaim, rescinded the contract and allowed appellee the reasonable value of work performed. Appellant appeals from this judgment. We affirm.

In late 1977 appellant was the successful bidder on a structure that was originally...

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