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GRADY v. COMMERS INTERIORS, INC.

No. 12253.

268 N.W.2d 823 (1978)

Leo I. GRADY, d/b/a Grady Construction Company, Plaintiff and Appellant, v. COMMERS INTERIORS, INC., Defendant and Respondent.

Supreme Court of South Dakota.

Decided August 3, 1978.

Attorney(s) appearing for the Case

T. R. Pardy of Mumford, Protsch, Sage & Pardy, Howard, for plaintiff and appellant.

John L. Foley of Foley & Foley, Watertown, for defendant and respondent.

DUNN, Chief Justice.

This is a contract action in which the plaintiff alleges that the defendant breached a contract for carpet installation which had been assigned to the plaintiff. The defendant relies on a contract provision forbidding assignment of the contract unless written consent is obtained from the defendant. The Circuit Court for the Fourth Judicial Circuit, sitting without a jury, found for the defendant. We reverse the judgment and remand for the purpose...

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