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M & M CONTRACTING v. MIDWESTERN HOMES, INC.

No. 13933.

334 N.W.2d 223 (1983)

M & M CONTRACTING, INC., Plaintiff and Appellee, v. MIDWESTERN HOMES, INC., Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 18, 1983.

Rehearing Denied June 24, 1983.

Attorney(s) appearing for the Case

Gary G. Colbath of Banks & Johnson, P.C., Rapid City, for plaintiff and appellee.

George A. Bangs of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and appellant.

FOSHEIM, Chief Justice.

Defendant Midwestern Homes, Inc. is the owner of Northdale Subdivision in Black Hawk, South Dakota. Defendant took bids on Phase 2 of its development of the subdivision and accepted Plaintiff M & M Contracting, Inc.'s bid for site preparation and utility installation. Plaintiff's bid, as signed by defendant, became the contract of the parties. It is dated April 10, 1979, and reads, in its entirety, as follows:

  Stripping of...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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