Hjelle v. Sornsin Construction Company

ERICKSTAD, Judge.

This is an appeal by the plaintiff, Walter R. Hjelle, State Highway Commissioner, hereafter called the Commissioner, from a judgment of the District Court of Burleigh County dated April 2, 1969, in favor of Nelson Paving Company, Inc., of Williston, hereafter called the Subcontractor. A cross-appeal has been filed by Sornsin Construction Company of Fargo and Sellin Brothers, Inc., of Hawley, Minnesota, a joint venture, hereafter called the Prime Contractor.

The pertinent part of the judgment appealed from reads:

1. That Sections 24-02-26 through 24-02-33 of the North Dakota…