Legal Opinion

Handelan v. Smee School District No. 4

South Dakota Supreme Court

Decided November 13, 1916No. File No. 3866PublishedCited by 2 opinions

Appeal from Circuit Court, Corson County. Hon. Raymond Diixman, Judge. Action by Dan Hanclelan, as sub-contractor, against Smce School District No. 4 of Wakpala, South Dakota, and others, to ■recover for a balance due for labor performed and material furnished in the construction of defendant’s school buildings. From a judgment against plaintiff and in favor of defendant school district, and from an order denying a new trial, plaintiff appeals.

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Appeal from Circuit Court, Corson County. Hon. Raymond Diixman, Judge. Action by Dan Hanclelan, as sub-contractor, against Smce School District No. 4 of Wakpala, South Dakota, and others, to ■recover for a balance due for labor performed and material furnished in the construction of defendant’s school buildings. From a judgment against plaintiff and in favor of defendant school district, and from an order denying a new trial, plaintiff appeals. (1) To point one of the opinion, Appellant cited: Fransioli v. Thompson et al., 104 Pac. 278; Fransioli v. Thompson et al., in Pac. 564; Gates City…

1Opinion of the CourtSmith, J.

In August, 1912, one Laisy entered into- a -contract with Sm-ee school district No-. 4, Corson county, for the construction of a school building- for a total consideration of $4,975. Thereafter, -on or about August 26, 1912, the contractor Laisy furnished a -bond- executed- by the Northwestern Surety Company of Mitchell, S. D., a-s obligor, in favor of said school district, as obligee, conditioned -only that, if said Laisy should make any default in the construction, erection, and completion of said school building, according .to- the terms and provisions of said contract, the said suretjr…

2Cases cited9 opinions

  1. Gibbs v. TallyCalifornia Supreme Court · 1901
  2. Snell v. BradburyCalifornia Supreme Court · 1903
  3. Wilcox Lumber Co. v. School District No. 268Supreme Court of Minnesota · 1907
  4. Barrett v. MillikanIndiana Supreme Court · 1901
  5. Hahn v. Sleepy Eye Milling Co.South Dakota Supreme Court · 1907

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3Cited by2 opinions

  1. Slagle & Co. v. Elk Point Independent Consolidated School District No. 3South Dakota Supreme Court · 1918
  2. Gold Bros. Brick v. Grant CountySouth Dakota Supreme Court · 1918

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