(specially concurring).
I concur because the breaches of the contracts all occurred in 1978 and Deutz & Crow was painfully aware of them. In fact, its vice president made demands in 1978 against Cement Plant based on said breaches and threatened Cement Plant with “extensive and costly litigation in the Federal Court sitting in Minnesota” if its demands were not met. Despite this, Deutz & Crow claims it didn’t know the breaches were actionable and argues that Cement Plant fraudulently deceived it by covering up all the details. Even if that were the case, it is not the test. Deutz & Crow does not have a distinct cause of action for fraud, deceit, or intentional interference with contracts since fraud, if any, was ancillary to the breach of contract cause of action. Clearly, Deutz & Crow should have brought its lawsuit within four years of the breaches of contract and damages which occurred in 1978. SDCL 57A-2-725.