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JOHNSON v. LARSON

No. 25300.

779 N.W.2d 412 (2010)

2010 SD 20

Michael JOHNSON d/b/a Michael Johnson Construction, Plaintiff and Appellee, v. Robert LARSON and Joel Penny, Defendants and Appellants.

Supreme Court of South Dakota.

Decided February 24, 2010.

Attorney(s) appearing for the Case

Michael F. Tobin, William J. Gassen, III of Boyce, Greenfield, Pashby, & Welk, LLP, Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Charles L. Dorothy, Dorothy Law Firm, PC, Sioux Falls, South Dakota, Attorneys for defendants and appellants.

KONENKAMP, Justice.

[¶ 1.] In this breach of contract, conversion, and unjust enrichment case, the circuit court held that defendants were unjustly enriched by plaintiff's services, after a jury rendered a verdict in favor of defendants on plaintiffs breach of contract and conversion claims. On appeal, we reverse the court's damages award against one defendant because two express contracts govern the rights between that defendant and plaintiff. In regard to the...

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