Pete Lien & Sons, Inc. v. City of Pierre

[¶ 1.] Pete Lien & Sons, Inc. (Lien) appeals a summary judgment for the City of Pierre in its action to recover the amount owed for the supply of gravel to the city stockpile.

FACTS

[¶ 2.] The City of Pierre solicited bids for the supply of twelve thousand tons of gravel to a city stockpile used for general road maintenance purposes. Fessnell Transport was the low bidder and contracted with the City to supply the gravel at the bid price. Fessnell also contracted with Lien for the purchase of the gravel it would be supplying to the City.

[¶ 3.] FessneU delivered only part of the gravel and…