Jerke Construction, Inc. v. Home Federal Savings Bank

693 N.W.2d 59 (2005)

2005 SD 19

JERKE CONSTRUCTION, INC., Plaintiff and Appellee,

v.

HOME FEDERAL SAVINGS BANK, Defendant and Appellant, and

Matt Peck and Tank Testing, Inc., Defendants.

No. 23028.

Supreme Court of South Dakota.

Considered on Briefs June 1, 2004.

Decided February 9, 2005.

Michael B. Thompson, Sioux Falls, South Dakota, Attorney for plaintiff and appellee.

Rick Entwistle of Woods, Fuller, Shultz & Smith, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

TICE, Circuit Judge.

[¶ 1.] Home Federal Savings Bank, Inc. (Bank) appeals from an order entered against it in a…