Tingle v. Parkston Grain Co.

442 N.W.2d 252, 1989 S.D. LEXIS 99, 1989 WL 67524
CourtSouth Dakota Supreme Court
DecidedJune 21, 1989
Docket16220
StatusPublished
Cited by8 cases

This text of 442 N.W.2d 252 (Tingle v. Parkston Grain Co.) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tingle v. Parkston Grain Co., 442 N.W.2d 252, 1989 S.D. LEXIS 99, 1989 WL 67524 (S.D. 1989).

Opinions

[253]*253MORGAN, Justice.

Diamond Building System (Diamond) appeals from a default judgment entered against it in this mechanic’s lien foreclosure action brought by Merlin Tingle, d/b/a M T Buildings (Tingle). We affirm.

Diamond employed Tingle to erect a grain storage facility for Parkston Grain Company (Parkston Grain). Tingle completed the facility on October 6, 1986, and filed a mechanic’s lien on January 13, 1987. Controversy had arisen between Tingle and Diamond over Tingle’s bill for this job and other matters. The parties attempted to negotiate their differences until July 8, 1987. At that time, Tingle, by letter from his counsel, rejected a proposed settlement. Tingle filed suit against Parkston Grain and Diamond to foreclose its mechanic’s lien. Diamond was served at its home office in Minnesota on September 9, 1987. Parkston Grain was served on September 4, 1987, and its answer was interposed on September 5, 1987. After Diamond failed to answer within thirty days, as required by SDCL 15-6-12(a), Tingle served Park-ston Grain with Certificate of Readiness on November 24, 1987. On December 9,1987, the trial court set January 5, 1988, as the trial date.

On December 23, 1987, immediately after South Dakota counsel was finally engaged, Diamond sought to serve and file an answer and counterclaim. The counterclaim sought to raise issues claiming damages against Tingle for failure to timely commence and complete the building, damage to business reputation, and a setoff for goods sold and delivered on a prior deal. Tingle responded by filing a motion to strike the pleadings as untimely and Diamond countered with a motion to enlarge the time for answering. The trial court granted Tingle’s motion and denied Diamond’s motion. At the time for trial, Diamond’s counsel appeared and again sought relief by asking to participate on the answer alone. The trial court again denied relief, proceeded to take evidence as between Tingle and Parkston Grain, and entered judgment against Parkston Grain for the foreclosure of the mechanic’s lien.

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Tingle v. Parkston Grain Co.
442 N.W.2d 252 (South Dakota Supreme Court, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
442 N.W.2d 252, 1989 S.D. LEXIS 99, 1989 WL 67524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tingle-v-parkston-grain-co-sd-1989.