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HARMON v. CHRISTY LUMBER, INC.

No. 15275.

402 N.W.2d 690 (1987)

Joseph HARMON & Edith Harmon, Plaintiffs, v. CHRISTY LUMBER, INC., a South Dakota Corporation, Defendant and Appellant. and Dave WARREN, d/b/a Warren Design Group; and Mark Zarecky, d/b/a Midwest Construction, Defendants, v. EAGLE 2000 ENGINEERING & DESIGN, INC., Third Party Defendant and Appellee, and Masonite Corporation, a Foreign Corporation, Third Party Defendant.

Supreme Court of South Dakota.

Opinion Filed March 11, 1987.

Attorney(s) appearing for the Case

Gustav K. Johnson of Tidball & Johnson, Pierre, for defendant and appellant.

Eugene D. Mayer of Riter, Mayer, Hofer & Riter, Pierre, for third party defendant and appellee.

WUEST, Chief Justice.

This is an appeal from the trial court's grant of summary judgment in favor of a third-party defendant and against the third-party plaintiff. We affirm.

In July of 1983 the plaintiffs, Joseph and Edith Harmon (Harmons), decided to begin construction of a new home in Pierre, South Dakota. The Harmons were anxious to begin construction as soon as possible so the house would be ready before winter. The Harmons met with representatives of...

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