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KORSTAD-TEBBEN v. POPE ARCHITECTS

No. 16751.

459 N.W.2d 565 (1990)

KORSTAD-TEBBEN, INC., Plaintiff and Appellee, v. POPE ARCHITECTS, INC., Defendant, Third Party Plaintiff and Appellant, v. Harley MILLER, Harley Miller Construction, Inc., and Gregory F. Butler, Third Party Defendants and Appellees.

Supreme Court of South Dakota.

Decided August 29, 1990.

Attorney(s) appearing for the Case

Todd D. Boyd of Gunderson, Evenson & Boyd, Clear Lake, for plaintiff and appellee Korstad-Tebben, Inc.

Paul I. Hinderaker of Austin, Hinderaker, Hackett & Hopper Watertown, for defendant, third party plaintiff and appellant Pope Architects, Inc.

John C. Wiles of Bartron, Wiles & Rylance Watertown, for third party defendants and appellees Harley Miller and Harley Miller Const.

Thomas J. Green of Green, Schulz, Roby & Ford Watertown, for third party defendant and appellee Watertown, South Dakota.

PER CURIAM.

The trial court erred in granting the motion for judgment on the pleadings because issues of fact remained unresolved. We reverse and remand for further proceedings.

FACTS

Korstad-Tebben, Inc. (Korstad) initiated this action seeking recovery of $7427.50 from Pope Architects, Inc. (Pope). Korstad's complaint contains only two allegations:

III. That defendant owes plaintiff the sum of $7,427.50 as of the 23rd day of July, 1984...

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