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A.P. & SONS CONST. v. JOHNSON

No. 22318.

657 N.W.2d 292 (2003)

2003 SD 13

A.P. & SONS CONSTRUCTION, A Partnership, Plaintiff and Appellant, v. Earle D. JOHNSON, Jr.; Earle D. Johnson, Jr., Trustee, Defendants and Appellee, F & M Bank; United States of America; Thomas C. Homola, d/b/a Hamlin Building Center; Aason Engineering Company, Inc.; F.J. McLaughlin Company, Inc.; Codington County, South Dakota; Clausen Construction, Inc., Satco Homes, Inc., and Robert Bauman, Defendants.

Supreme Court of South Dakota.

Decided January 29, 2003.

Attorney(s) appearing for the Case

J. Douglas Austin of Austin, Hinderaker, Hopper, Strait & Bratland, Watertown, South Dakota, Attorneys for plaintiff and appellant.

Thomas F. Burns, Watertown, South Dakota, Attorney for defendants and appellees.

AMUNDSON, Retired Justice.

[¶1.] A.P. & Sons Construction (A.P. & Sons) brought an action seeking to hold Earle Johnson, Jr. (Johnson) and Robert Bauman d/b/a Satco Homes Inc., (Bauman), personally liable for labor and materials provided in the development of Westview Addition. The trial court found Johnson was not personally liable. A.P. & Sons appeal. We affirm.

FACTS

[¶ 2.] Earle D. Johnson, Jr. owned forty (40) acres of...

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