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CITY OF MADISON v. BAILEY-LAFFEY CONST.

No. 17833.

495 N.W.2d 95 (1993)

CITY OF MADISON, South Dakota; and Hilde Pipe & Gravel, Inc., A South Dakota Corporation; and Farmers and Merchants Cooperative Oil Company, Inc.; and Neville Construction Company, Plaintiffs, and Jebro, Inc., Plaintiff and Appellee, v. BAILEY-LAFFEY CONSTRUCTION, a/k/a Bailey-Laffey Asphalt; Bailey-Laffey Asphalt, Inc.; First National Bank, Brookings, South Dakota; Downtown Tire, Inc.; Hilde Pipe & Gravel; Dallas Laffey and James Bailey, Defendants, and Vantol Surety Company, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 27, 1993.

Attorney(s) appearing for the Case

Scott Perrenoud of Fisher, Swanson, Hughes, Sioux Falls, for plaintiff and appellee.

Steven J. Britzman of Denholm, Glover & Britzman, Brookings, for defendant and appellant.

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

After Bailey-Laffey Asphalt, Inc.1 (Bailey-Laffey) ceased operations and auctioned its assets, appellee Jebro, Inc. (Jebro), a supplier for Bailey-Laffey, commenced this lawsuit to collect debts from Bailey-Laffey. Several other parties, who are not parties to this appeal, intervened asserting rights to the auction proceeds. On April 4, 1991, appellant Vantol Surety Company (Vantol...

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