Kyburz v. State

This is an original action in this court instituted under the provisions of SDC 1960 Supp. 33.0604 to enforce payment of a claim against the State. The action arises out of a building contract for the construction of a dormitory at Northern State Teachers College, Aberdeen. The contract price was $181,800. The State Engineer claiming that plaintiffs failed to furnish 150 bedsprings specifically called for under the contract directed the deduction of $1,687.50 from the contract price. The claim for that amount which plaintiffs now seek to enforce was rejected by the State Auditor. The cause…