Legal Opinion
Mellgren Plumbing Shop v. Lewis and Tinsley, Inc.
South Dakota Supreme Court
Decided May 10, 1958No. File 9658PublishedCited by 6 opinions
1Opinion of the CourtSmith, J.
As an assignee, the plaintiff, by its complaint prays judgment for $14,430.13 alleged to be due from defendant as the: final payment under a contract to furnish and install plumbing, and heating equipment. The answer asserts (1) the contract for the described installation is illegal because made and performed by persons then engaged in *195business under a fictitious name contrary to SDC 49.08, and (2) the assignment to plaintiff is invalid because prohibited by the construction contract. The trial was to the court and resulted in a judgment for plaintiff as prayed. Defendant has appealed.
In 1950…
2Cases cited17 opinions
- Trubowitch v. Riverbank Canning Co.California Supreme Court · 1947
- Allhusen v. Caristo Construction Corp.New York Court of Appeals · 1952
- Bradford & Carson v. Montgomery Furniture Co.Tennessee Supreme Court · 1905
- Thompson v. Commissioner of Internal Revenue. Couse v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1953
- Pinney v. First National BankSupreme Court of Kansas · 1904
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3Cited by6 opinions
- Beka v. Lithium Corporation of AmericaSouth Dakota Supreme Court · 1958
- State v. GreeneSouth Dakota Supreme Court · 1971
- Mitsui & Co. v. Puerto Rico Water Resources AuthorityDistrict Court, D. Puerto Rico · 1981
- Grady v. Commers Interiors, Inc.South Dakota Supreme Court · 1978
- The Collegian v. HilemanSouth Dakota Supreme Court · 1975
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