WALD, INC. v. STANLEY

No. 23583.

706 N.W.2d 626 (2005)

2005 SD 112

WALD, INCORPORATED, Plaintiff and Appellee, v. Richard STANLEY and Arvidene Stanley, Defendants and Appellants.

Supreme Court of South Dakota.

Decided November 16, 2005.

Rehearing Denied December 22, 2005.


Attorney(s) appearing for the Case

James E. Carlon of Carlon Law Office, Pierre, South Dakota, Attorney for plaintiff and appellee.

George F. Johnson of Johnson, Eklund Law Offices, Gregory, South Dakota, Attorney for defendants and appellants.


KONENKAMP, Justice.

[¶ 1.] Appellants challenge the award of attorney's fees in this mechanic's lien foreclosure. They contend that the award was not "warranted and necessary" under SDCL 44-9-42. We find no abuse of discretion in the court's award and affirm.

Background

[¶ 2.] Richard and Arvidene Stanley contracted with Wald, Inc. to remodel the Stanleys' home. During the course of construction, the parties orally modified their written...

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