Dougherty v. Beckman

I concur with the majority’s disposition of the first issue, the purchase price of the townhouse; I dissent, however, on the prejudgment interest issue.

Whether prejudgment interest under SDCL 21-1-11 is appropriate is not in issue. The issue is limited to whether the trial court erroneously limited the amount of interest allowed because of a tender. The trial court relied on SDCL 20-5-18, quoted in the majority opinion. The trial court arrived at the following findings of fact and conclusions of law on this issue.

On May 26, 1981, defendant Beckman informed plaintiff that the total amount due…