ARCON CONST. CO. v. S.D. CEMENT PLANT

Nos. 15447, 15462.

405 N.W.2d 45 (1987)

ARCON CONSTRUCTION CO., INC., and Hardrives, Inc., Plaintiffs and Appellees, v. SOUTH DAKOTA CEMENT PLANT and Cement Plant Commission, Defendants and Appellants.

Supreme Court of South Dakota.

Decided April 22, 1987.


Attorney(s) appearing for the Case

Ronald G. Schmidt of Schmidt, Schroyer, Colwill, Zinter & Barnett, P.C., Pierre, for plaintiffs and appellees.

Wayne Gilbert of Banks, Johnson, Monserud, Johnson, Colbath & Huffman, P.C., Rapid City, for defendants and appellants.


WUEST, Chief Justice.

Cement Plant appeals a judgment awarding prejudgment interest to the appellee, Arcon Construction Company. We affirm.

In April, 1980, Arcon sued the Cement Plant for breach of contract in failing to supply cement for Arcon's two 1978 highway construction projects. The jury awarded Arcon $1,175,974.00 in damages. The trial court, however, denied Arcon's motion for prejudgment interest. On appeal, this court affirmed the liability determination...

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