Stern Oil Co. v. Border States Paving, Inc.

Border States Paving Company, Inc. was the prime contractor on a South Dakota Department of Transportation road construction project. Weatherton Contracting Company, Inc. entered into a subcontract with Border States to supply crushed aggregate for the project. Stern Oil Company sold Weatherton fuel and petroleum products necessary for Weatherton to perform its subcontract, but Weatherton failed to pay Stern Oil for the products. Stern Oil Company brought suit against Border States and its surety, Liberty Mutual Insurance Company, pleading causes of action against Border States for unjust enrichment and breach of an alleged third-party beneficiary payment agreement to pay the bill and against Liberty Mutual for payment on the bond. The circuit court granted summary judgment against Stern Oil on all claims. The Supreme court affirmed, holding that the circuit court did not err in granting summary judgment against Stern Oil on its claims. View "Stern Oil Co. v. Border States Paving, Inc." on Justia Law