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REIF v. FIRST NAT. BANK OF THE BLACK HILLS

No. 14663.

369 N.W.2d 123 (1985)

William G. REIF, d/b/a Reif Construction, and Marge Reif, Plaintiffs and Appellants. v. FIRST NATIONAL BANK OF THE BLACK HILLS, Plaintiff and Intervenors. v. David A. SMITH and Patricia M. Smith, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 29, 1985.

Attorney(s) appearing for the Case

Reed C. Richards of Richards & Richards, Deadwood, for plaintiffs and appellants.

Thomas E. Adams of Voelker & Adams, P.C. Deadwood, for plaintiff and intervenors.

Robert A. Amundson of Amundson & Fuller, Lead, for defendants and appellees.

FOSHEIM, Chief Justice.

William J. Reif (contractor) appeals from a judgment on a housing contract. We reverse and remand.

We refer to Reif v. Smith, 319 N.W.2d 815 (S.D.1982) (Reif I), for factual background which will be supplemented as necessary for disposition of the issues on this appeal.

In Reif I, we held that the plans and material list were inadequate, that owners could not waive a provision...

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