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PRUNTY CONST., INC. v. CITY OF CANISTOTA

Nos. 23077, 23078.

682 N.W.2d 749 (2004)

2004 SD 78

PRUNTY CONSTRUCTION, INC., a South Dakota Corporation with its principal place of business in Brookings, South Dakota, Plaintiff and Appellant, v. CITY OF CANISTOTA, McCook County, South Dakota, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 9, 2004.

Attorney(s) appearing for the Case

Ronald G. Schmidt of Schmidt, Schroyer & Moreno, Rapid City, SD, for plaintiff and appellant.

Timothy W. Bjorkman of Bjorkman & Fink Bridgewater, SD, for defendant and appellee.

MEIERHENRY, Justice.

[¶ 1.] The City of Canistota contracted with Prunty Construction, Inc. for a water and sewer project. The City claims that the contract was paid in full. Prunty claims it is owed an additional sum of $59,428 for work performed under the contract. The trial court granted summary judgment in favor of the City. Prunty and the City appeal.

FACTS AND PROCEDURE

[¶ 2.] The City hired Sayre Associates, Inc. (Sayre) to design...

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