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  5. 349 N.W.2d 407 (1984)
 

ARCON CONST. CO. v. S.D. CEMENT PLANT

Nos. 14139, 14140, 14147 and 14148.

349 N.W.2d 407 (1984)

ARCON CONSTRUCTION CO., INC., a Minnesota Corporation with its principal place of business at Mora, Minnesota, Plaintiff and Appellee, v. SOUTH DAKOTA CEMENT PLANT and South Dakota State Cement Plant Commission; Edwin Gaiser of Rapid City, Roger Prunty of Brookings, Al Sandvig of Aberdeen, Richard Sayre of Sioux Falls, Joe Simmons of Rapid City, Bill Stake of Lennox, and Tom Zeller of Rapid City, the duly appointed and acting Commission members; William Scanlon of Rapid City, individually, and as an employee, officer and agent of Plant and Commission; and Michael Holeton of Rapid City, individually and as an employee, officer and agent of the Plant and Commission, Defendants and Appellants.

Supreme Court of South Dakota.

Decided May 2, 1984.

Attorney(s) appearing for the Case

Ronald G. Schmidt of Schmidt, Schroyer, Colwill & Zinter, Pierre, for plaintiff and appellee.

Tom Lehnert and Wayne F. Gilbert of Lehnert & Gilbert and Ronald W. Banks of Banks & Johnson, Rapid City, for defendants and appellants.

DUNN, Justice (on reassignment).

The South Dakota Cement Plant and the South Dakota Cement Plant Commission (referred to collectively as "the cement plant") appeal a judgment entered against them for their breach of two contracts for the sale of cement to Arcon Construction Co., Inc. (Arcon). We affirm in part, reverse in part, and remand.

The first contract at issue here involved the sale of cement to Arcon for a project on Interstate 29 north of Watertown...

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