Legal Opinion

Gold Bros. Brick v. Grant County

South Dakota Supreme Court

Decided July 22, 1918No. File No. 4268PublishedCited by 1 opinion

Appeal1 from Circuit Court, Grant County. Hon. Thomas D. Bouck, Judge. Action toy Gold' Bros. Bri’ck Company, against Grant County, South Dakota, and others, to recover for building material furnished toy plaintiff to defendant county’s contractor in construction of a courthouse. From a judgment dismissing the action, and from an order ‘denying a new trial; plaintiff appeals.

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Appeal1 from Circuit Court, Grant County. Hon. Thomas D. Bouck, Judge. Action toy Gold' Bros. Bri’ck Company, against Grant County, South Dakota, and others, to recover for building material furnished toy plaintiff to defendant county’s contractor in construction of a courthouse. From a judgment dismissing the action, and from an order ‘denying a new trial; plaintiff appeals. (i) To point one of the opinion, Appellant cited; C. Grandahl Dumber Company vs. Weinsveig, (Cal.) 117 Pac. 954; and submitted that: The -legislature meant “work” too mean ninety days from the time the contractor…

1Opinion of the CourtGates, J.

Gr-a-nt County .-contracted -with -a con-structi-on- company for th-e ere'cti-o-ni o-f -a courthouse. The plaintiff 'has an unpaid bill o-f ,$1,162.33 for building material -delivered up'o-n th-e -courthouse grounds to the 'contractor, and which entered- into the construction of the building. The bond furnished' by tire contractor did not -contain tide 'clause providing fo'r 'the payment of all labor and material that entered into tire erection iasi required by section 1, c. 245, Lqiws 1909. In March, 1916, when the bui-ldi-nig -was -partially -completed', the -contractor abandoned- the…

2Cases cited3 opinions

  1. Slagle & Co. v. Elk Point Independent Consolidated School District No. 3South Dakota Supreme Court · 1918
  2. Handelan v. Smee School District No. 4South Dakota Supreme Court · 1916
  3. Plumbing Supply Co. v. Board of EducationSouth Dakota Supreme Court · 1913

3Cited by1 opinion

  1. Grant County v. McGowan Lumber Co.South Dakota Supreme Court · 1919

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