The SD Supreme Court handed down one decision this morning, holding inter alia:

1. 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

http://ujs.sd.gov/Supreme_Court/opinions.aspx .