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· 4/27/1978

City of Fort Pierre v. Van Ness

Citations

  • 265 N.W.2d 267
  • 1978 S.D. LEXIS 167

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • dedicating ten pages of the Pacific Reporter to a 13 survey of case law regarding the development of the economic loss doctrine in Kansas and 14 15 around the country, recent changes to the doctrine, and its application to the facts 16 presented
  • homeowner may assert tort or contract claim against general contractor for substandard work \depending on the nature of the duty\ allegedly breached
  • \[A] breach of contract claim is a material failure to perform a duty arising under or imposed by agreement.\
  • “[A] contract to do work or perform a service includes an implied warranty that the work will be done in a workmanlike manner, using appropriate care and skill . . .”
  • “[A] contract to do work or perform a service includes an implied warranty that the work will be done in a workmanlike manner, using appropriate care and skill, unless there is an express agreement that no such warranty may be implied.” (emphasis added)

Source: CourtListener parenthetical corpus (CC0).

Judges: Morgan

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