W.J. BACHMAN MECHANICAL SHEETMETAL CO. v. WAL-MART REAL ESTATE BUSINESS TRUST

Nos. 24931, 24941.

764 N.W.2d 722 (2009)

2009 SD 25

W.J. BACHMAN MECHANICAL SHEETMETAL COMPANY, INC., Plaintiff, Par Golf Construction, Plaintiff and Appellee, v. WAL-MART REAL ESTATE BUSINESS TRUST; Bodell Construction Company, Inc. (Intervenor), Defendants, Third Party, Plaintiffs and Appellants, and Frontier Mechanical, Inc.; Dalsin, Inc. d/b/a M.J. Dalsin; and Spearfish Excavating, Inc., Defendants and Third Party Plaintiffs, v. Wal-Mart Stores, Inc., Third-Party Defendant, and Appellants, Travelers Casualty and Surety Company of America and Bodell Construction Company, Inc., Defendants and Appellants.

Supreme Court of South Dakota.

Decided April 8, 2009.


Attorney(s) appearing for the Case

Timothy R. Johns, Johns & Kosel, Prof. LLC, Lead, South Dakota, Attorneys for appellee.

Scott Sumner, Barton R. Banks, Banks, Johnson, Colbath, Sumner & Kappelman, PLLC, Rapid City, South Dakota, Attorneys for appellants.


ZINTER, Justice.

[¶ 1.] A subcontractor sued a property owner seeking enforcement of a mechanic's lien, or in the alternative, a claim under the theory of unjust enrichment. The circuit court awarded the subcontractor a judgment enforcing the portion of the mechanic's lien that was properly itemized and a judgment for the remainder of the claim on the theory of unjust enrichment. The property owner, general contractor, and its bonding company appeal from those...

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