DAKOTA WESLEYAN UNIVERSITY v. HPG INTERN.

Nos. 19484, 19485.

560 N.W.2d 921 (1997)

1997 SD 30

DAKOTA WESLEYAN UNIVERSITY, Plaintiff and Appellee, v. HPG INTERNATIONAL, INC., Defendant and Appellant.

Supreme Court of South Dakota.

Decided March 26, 1997.


Attorney(s) appearing for the Case

John S. Theeler, John F. Cogley, Melissa O'Rourke of Morgan, Theeler, Cogley & Petersen, Mitchell, for plaintiff and appellee.

Gary J. Pashby and Lisa Hansen Marso of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, for defendant and appellant.


MILLER, Chief Justice.

[¶ 1.] Dakota Wesleyan University (DWU) commenced an action against HPG International, Inc. (HPG), a New York corporation, to recover damages for an alleged breach of warranty in connection with a roofing project on its campus. The trial court concluded that the dispute was subject to arbitration, pursuant to the written agreement of the parties. However, the trial court found the situs provision of the arbitration agreement

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