Arnold Murray Construction v. Wittrock

487 N.W.2d 33 (1992)

ARNOLD MURRAY CONSTRUCTION, Plaintiff and Appellee,

v.

Billie Jo WITTROCK, Defendant and Appellant.

No. 17652.

Supreme Court of South Dakota.

Considered on Briefs April 22, 1992.

Decided July 15, 1992.

Douglas P. Cummings, Cummings Legal Clinic, Sioux Falls, for plaintiff and appellee.

Bill Froke and Matthew R. Metzgar, East River Legal Services, Sioux Falls, for defendant and appellant.

AMUNDSON, Justice.

Billie Jo Wittrock (Wittrock) appeals from trial court's judgment in favor of Arnold Murray Construction (Company). We reverse and remand.

FACTS

In 1979, Company built an apartment…