State Ex Rel. Don's Heavy Hauling, Inc. v. Frank D. Malone Construction Co.

Don's Heavy Hauling, Inc., is engaged in the business of transporting heavy equipment and materials for others. This action, brought for its use pursuant to SDC 1960 Supp. 28.16, ‘seeks recovery for services rendered by it in transporting equipment and machinery used in the prosecution of work being done on a state highway project in Jerauld and Aurora counties by the defendant contractors under a contract with the South Dakota Department of Highways. The other defendant is the surety on their performance bond. The decision of the trial court was in favor of the use plaintiff and concluded…