Midstates Excavating, Inc. v. Farmers & Merchants Bank & Trust of Watertown

410 N.W.2d 190 (1987)

MIDSTATES EXCAVATING, INC., Plaintiff and Appellee,

v.

FARMERS AND MERCHANTS BANK & TRUST OF WATERTOWN, Defendant and Appellant.

WATER PRODUCTS COMPANY OF SOUTH DAKOTA, a South Dakota Corporation, Plaintiff and Appellee,

v.

FARMERS AND MERCHANTS BANK & TRUST OF WATERTOWN, Defendant and Appellant.

Nos. 15400, 15401, 15426 and 15430.

Supreme Court of South Dakota.

Argued March 23, 1987.

Decided August 5, 1987.

Rehearing Denied September 9, 1987.

Scott Sumner of Banks, Johnson, Monserud, Johnson, Colbath & Huffman, Rapid City, for plaintiff and appellee Midstates Excavating, Inc.

Robert…