LARSON CONCRETE CO. v. STROSCHEIN

No. 14187.

353 N.W.2d 354 (1984)

LARSON CONCRETE COMPANY, INC., a South Dakota Corporation, Plaintiff and Appellant, v. Larry L. STROSCHEIN, Sharon M. Stroschein, the United States of America, acting through the Farmers Home Administration, United States Department of Agriculture; and Brown County, a political subdivision of the State of South Dakota, Defendants and Appellees.

Supreme Court of South Dakota.

Decided August 15, 1984.


Attorney(s) appearing for the Case

Kennith L. Gosch of Bantz, Gosch, Cremer & Peterson, Aberdeen, for plaintiff and appellant.

Roy A. Wise of Richardson, Groseclose, Kornmann, Wyly, Wise & Klinkel, Aberdeen, for appellees Stroscheins.

Ray P. Murley, Asst. U.S. Atty., Sioux Falls, for defendant U.S.A.

Marilyn J. Marshall, Brown County State's Atty., Aberdeen, for defendant Brown County.


MORGAN, Justice.

Larson Concrete (supplier) brought a foreclosure action against the Stroscheins' (owners) property based on a valid mechanic's lien that was filed on February 18, 1980 and modified on March 10, 1980. A trial was held on November 9, 1982, and in a judgment entered March 1, 1983, the trial court denied supplier a recovery on its mechanic's lien and ordered supplier to reimburse owners for the amount of attorney fees for defense of this action in the...

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