143 N.W. 949 | S.D. | 1913
This case was tried to the court without a jury upon an agreed statement of fact, and findings and judgment rendered in favor of plaintiff, from which the defendants Ha-rry and Jessie Hodges appeal. It appears that the defendant Harry Hodges is the owner of about 13 acres of land, in one parcel, and mostly situated within the corporate limits of the city of Platte, but which -parcel of land has never been subdivided into town lots or blocks; that said Harry Bodges entered into a written contract with Wiggins & Branson, contractors, to erect and construct a dwelling house upon said parcel of land, the said Wiggins & Branson agreeing to furnish all building materials to 'be used. Wiggins & Branson entered -into a contract with plaintiff
The judgment and finding appealed from by defendants Hodges are reversed and the cause remanded, with directions that judgment be entered in favor of these defendants as to the entire tract of 13 acres of land..