Wald, Inc. v. Stanley

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 agreement on several occasions. These oral modifications were never reduced to writing and differing interpretations eventually followed. “Some things were…