Dakota Block Co. v. Western Casualty & Surety Co.

BANDY, Circuit Judge.

This case first came before this court upon an appeal from a judgment dismissing the action. The first opinion is reported in 81 S.D. 213, 132 N.W.2d 826. Clarity of the present opinion appears to require some reference to the factual situations then and now existing.

In essence, the complaint herein alleges that the plaintiff supplied building blocks to be and which were used in the construction of a school building and that, subsequent to their incorporation in the building, the coloring material on the blocks faded and otherwise deteriorated; that the defendant, who is…