R & L SUPPLY, LTD. v. EVANGELICAL LUTHERAN SOCIETY

No. 16967.

462 N.W.2d 515 (1990)

R & L SUPPLY, LTD., a South Dakota Corporation, Plaintiff and Appellee, v. EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY, Defendant and Appellant, and Meester Plumbing and Heating, Inc., Defendant.

Supreme Court of South Dakota.

Decided November 7, 1990.


Attorney(s) appearing for the Case

John L. Wilds, Sioux Falls, for plaintiff and appellee.

E. Steeves Smith of Tinan & Smith, Mitchell, and Peter J. Horner of Christopherson, Bailin & Anderson, Sioux Falls, for defendant and appellant.

Robert L. Jones, Sioux Falls, for defendant.


WUEST, Justice.

Evangelical Lutheran Good Samaritan Society (Evangelical), through Mueller Lumber Company of Mitchell, South Dakota on tender of defense, appeals from an order of foreclosure of a mechanic's lien on the improved real property of Evangelical. We affirm in part, reverse in part, and remand.

Evangelical Lutheran Good Samaritan Society owns and operates a nursing home in DeSmet, South Dakota. Evangelical hired Mueller Lumber Company (Mueller Lumber...

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