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MATHIS IMPLEMENT CO. v. HEATH

No. 22571.

665 N.W.2d 90 (2003)

2003 SD 72

MATHIS IMPLEMENT COMPANY, Plaintiff and Appellee, v. James Eric HEATH and Rebekah L. Heath, Defendants and Appellants.

Supreme Court of South Dakota.

Decided June 11, 2003.

Attorney(s) appearing for the Case

Wally Eklund of Johnson, Eklund, Nicholson, Peterson & Fox, Gregory, South Dakota, Attorneys for plaintiff and appellee.

J.M. Grossenburg, Winner, South Dakota, Attorney for defendants and appellants.

MEIERHENRY, Justice.

[¶ 1.] James and Rebekah Heath (Heath) contracted with Mathis Implement Company (Mathis) to install concrete for a shed floor and for footings and walls for a basement for Heath's pre-built home. Mathis sought $28,033.02 for the completed work. After nonpayment by Heath, Mathis brought an action to foreclose its mechanic's lien. As a defense, Heath claimed breach of contract. Heath also counterclaimed for breach of contract and breach of...

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