Meeker v. City of Madison
South Dakota Supreme Court
Appeal from Circuit Court, Lake County. Hlon. Joseph W. Jones, Judge. Action by L. W. Meeker and another, copartners, .as Meeker & Dobson, against the 'City of Madison, to recover upon a contract for constructing sewers. Erom a judgment.for plaintiffs,- and from an order denying a new trial, defendant appeals.
1Opinion of the CourtOates, P. J.
[1] This- is an appeal from a judgment and order denying .a new trial entered upon a retrial of the cause which was before us in 36 S. D. 256, 154 N. W. 648. Reference *402is made to that opinion for the facts. The principal -question now argued is in regard to.the competency of plaintiff Meeker’s testimony as to admissions made by one Anderson to him to the effect -that in relaying the sewer pipe the city, of M-adlson used a mortar consisting of one part -of cement to one part of sand, instead of one part of cement to one and one half parts of sand. These admissions were made during the progress…
2Cases cited3 opinions
- Williams Bros. Lumber Co. v. KellySouth Dakota Supreme Court · 1909
- McCall v. CrockerSouth Dakota Supreme Court · 1915
- Johnson v. SayerSouth Dakota Supreme Court · 1915
3Cited by1 opinion
- State v. KeillorNorth Dakota Supreme Court · 1924