SIOUX FALLS CONST. CO. v. BRUNS

No. 15589.

420 N.W.2d 29 (1988)

SIOUX FALLS CONSTRUCTION COMPANY, d/b/a Black Top Paving Company, Plaintiff and Appellant, v. Douglas G. BRUNS, Janet M. Bruns, Michael F. Burke and Home Federal Savings and Loan Association of Sioux Falls, South Dakota, Defendants and Appellees.

Supreme Court of South Dakota.

Decided March 2, 1988.


Attorney(s) appearing for the Case

Laird Rasmussen of Moore, Rasmussen, Kading & McGreevy, Sioux Falls, for Sioux Falls Const. Co.

Stephen Palmer of Sioux Falls, for Bruns.

John R. McDowell of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, for Burke.

G.J. Danforth of Danforth, Danforth & Johnson, Sioux Falls, for Home Federal Sav. & Loan Ass'n.


MILLER, Circuit Judge.

Sioux Falls Construction Company, d/b/a Black Top Paving Company, appeals the trial court's decision that a mechanic's lien it filed did not apply to property owned by Douglas and Janet Bruns. We affirm.

The pertinent facts of this case, which are not in dispute, are as follows:

At some time prior to June 1978, Hills Brothers Construction Company, as a general contractor, entered into three separate contracts with the individual...

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