Legal Opinion

Midstates Excavating, Inc. v. Farmers & Merchants Bank & Trust of Watertown

South Dakota Supreme Court

Decided August 5, 1987No. 15400, 15401, 15426 and 15430PublishedCited by 9 opinions

1Opinion of the Court

MILLER, Justice.

This action, premised on letters of credit, centers around a forced-main sewer system project located on Indian tribal property near Wagner, Charles Mix County, South Dakota. The trial court enforced the letters of credit. We affirm.

PARTIES

Appellant Farmers and Merchants Bank & Trust of Watertown, South Dakota (Bank), issued letters of credit in lieu of a payment and performance bond on behalf of Cho-Mid Construction (Cho-Mid).

Appellee Water Products Company of South Dakota (Water Products) is an unpaid supplier to Cho-Mid to the extent of $19,891.40. Appellee Midstates…

2Cases cited11 opinions

  1. Weaver v. BoortzSouth Dakota Supreme Court · 1981
  2. Jensen v. Pure Plant Food International, Ltd.South Dakota Supreme Court · 1979
  3. Mayrose v. FendrichSouth Dakota Supreme Court · 1984
  4. Subsurfco, Inc. v. B-Y Water DistrictSouth Dakota Supreme Court · 1983
  5. Fidelity and Deposit Company of Maryland and L. E. Dixon Company v. Van Harris, an Individual, Doing Business as Harris & Sons, Fidelity and Deposit Company of Maryland and L. E. Dixon Company v. Paramount Truck Rental, Inc., and Van Harris, an Individual Doing Business as Harris & Sons, Paramount Truck Rental, Inc. v. Fidelity and Deposit Company of Maryland and L. E. Dixon CompanyCourt of Appeals for the Ninth Circuit · 1966

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3Cited by9 opinions

  1. United States ex rel. General Rock & Sand Corp. v. Chuska Development Corp.Court of Appeals for the Tenth Circuit · 1995
  2. Pete Lien & Sons, Inc. v. City of PierreSouth Dakota Supreme Court · 1998
  3. Sobolik v. StoneSouth Dakota Supreme Court · 1988
  4. The United States For The Use And Benefit Of General Rock & Sand Corporation v. Chuska Development CorporationCourt of Appeals for the First Circuit · 1995
  5. Midstates Excavating, Inc. v. Farmers & Merchants Bank & Trust of WatertownSouth Dakota Supreme Court · 1987

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