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KRAUSE v. REYELTS

No. 22103.

646 N.W.2d 732 (2002)

2002 SD 64

Wayne KRAUSE and Kathy J. Cooper-Krause, Plaintiffs and Appellants, v. David REYELTS, d/b/a Reyelts Construction, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 5, 2002.

Attorney(s) appearing for the Case

Mr. Brad A. Schreiber of Day, Morris & Schreiber, Belle Fourche, for plaintiffs and appellants.

Mr. Jon J. LaFleur of LaFleur, LaFleur & LaFleur, Rapid City, for defendant and appellee.

ZINTER, Justice.

[¶ 1.] Wayne and Kathy Cooper-Krause (hereinafter referred to as Wayne, Kathy, or Krauses as the context requires), sued their general contractor, David Reyelts (Reyelts). They claimed Reyelts was directly and vicariously liable for construction defects in their house. Reyelts raised the affirmative defense of release. Reyelts claimed that he was released because Krauses released Reyelts's subcontractor...

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