Legal Opinion

Black Hills Excavating Services, Inc. v. Retail Construction Services, Inc.

South Dakota Supreme Court

Decided March 9, 2016No. 27357, 27358PublishedCited by 17 opinions

1Opinion of the Court

SEVERSON, Justice.

[¶ 1.] Retail Construction Services, Inc. (RCS) and Black Hills Excavating, Inc. (BHE) entered into three subcontract agreements whereby BHE agreed to perform construction services for RCS. BHE brought this suit and asserted that RCS breached the contracts by ejecting BHE from the projects. RCS counterclaimed against BHE; It also filed a complaint against BHE’s president Mitch Morris, alleging that he was personally liable for BHE’s actions. After a trial to the court, the circuit court awarded damages for breach of contract to RCS. It. did not impose personal liability on…

2Cases cited17 opinions

  1. Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989
  2. Bridgestone/firestone, Inc. v. Recovery Credit Services, Inc., Revenue Recovery, Inc. And George BeladinoCourt of Appeals for the Second Circuit · 1996
  3. City of Deadwood v. Summit, Inc.South Dakota Supreme Court · 2000
  4. Ziegler Furniture & Funeral Home, Inc. v. CicmanecSouth Dakota Supreme Court · 2006
  5. Mobridge Community Industries, Inc. v. Toure, Ltd.South Dakota Supreme Court · 1978

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3Cited by17 opinions

  1. Cavalry SPV I, LLC v. Watkins, California Court of Appeal, 5th District2019
  2. Uhre Realty v. TronnesSouth Dakota Supreme Court · 2024
  3. Zwart v. PenningSouth Dakota Supreme Court · 2018
  4. Domson, Inc. v. Kadrmas Lee & Jackson, Inc.South Dakota Supreme Court · 2018
  5. Best View Construction & Development, LLCUnited States Bankruptcy Court, D. Idaho · 2022

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