The
SD Supreme Court handed down one decision this morning, holding inter alia:
Defendant wins. Reversed and Remanded. Plaintiff wins. Affirmed.
J.
CLANCY, INC. v. KHAN COMFORT, LLC, 2022 S.D. 68: Plaintiff sued for money due
on a contract for work done in renovating a Spearfish hotel. Defendant counterclaimed for overpayment,
arguing that Plaintiff failed to complete certain “implied-in-fact” contracts. The trial court agreed with Defendant,
awarding damages to Defendant. This was
appealed to the SD Supreme Court and reversed on the basis that the matter
should be resolved on the basis of the express contract originally
entered into between the parties. J. Clancy, Inc. v. Khan Comfort,LLC,
2021 S.D. 9, ¶ 45, 955 N.W.2d 382, 397. On remand, the trial court found for
Plaintiff on the basis of the original record, awarding damages “for
breach of contract and foreclosure of the mechanic’s liens in the amount of
$105,135.33, plus prejudgment interest and attorney fees and costs.” Defendant appealed. Today, the SD Supreme Court affirmed the
trial court. The Court’s decision is
unanimous with opinion authored by Chief Justice Jensen.
This
decision may be accessed at
