Plumbing Supply Co. v. Board of Education
South Dakota Supreme Court
Appeal from Circuit Court, Lincoln County. Hon. Joseph W.- Jones, Judge. Action by the Plumbing 'Supply Company against the Board of Education of Independent School District of the City of Canton, Lincoln County, and others, to recover for labor and materials performed and furnished in the construction of a school building. From an order sustaining a demurrer to the complaint, plaintiff appeals.
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Appeal from Circuit Court, Lincoln County. Hon. Joseph W.- Jones, Judge. Action by the Plumbing 'Supply Company against the Board of Education of Independent School District of the City of Canton, Lincoln County, and others, to recover for labor and materials performed and furnished in the construction of a school building. From an order sustaining a demurrer to the complaint, plaintiff appeals. The bond in question not containing a condition for payment for such labor and materials by defendant -board, the board and its members are liable therefor. Chapter 138 Session Laws of South Dakota,…
1Opinion of the CourtMcCOY, J.
From the allegations of plaintiff’s complaint it, in substance, appears that defendants are the board and members of the board of education of the independent school district of the city of Canton; that defendants by contract employed Symms-Powers Company as contractor to construct and install a heating plant in a public school building; that said contractor entered into a bond, with sureties, for the faithful performance of said contract, but that defendants neglected, omitted, and failed to require to be inserted and contained in said bond the further and additional obligation binding said…
2Cited by2 opinions
- Plumbing Supply Co. v. Board of EducationSouth Dakota Supreme Court · 1913
- Gold Bros. Brick v. Grant CountySouth Dakota Supreme Court · 1918