Bayne v. Thorson
North Dakota Supreme Court
Appeal from Bowman County, Honorable W. C. Crawford, Judge. Plaintiff appeals. Statement of facts by Birdzell, J. This is an appeal from a judgment for costs entered in favor of the defendants in an action brought to recover the contract price of bridge materials in place supplied to the county of Bowman, during the year 1912, in the construction of a certain bridge.
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Appeal from Bowman County, Honorable W. C. Crawford, Judge. Plaintiff appeals. Statement of facts by Birdzell, J. This is an appeal from a judgment for costs entered in favor of the defendants in an action brought to recover the contract price of bridge materials in place supplied to the county of Bowman, during the year 1912, in the construction of a certain bridge. The facts are stipulated and are in substance as follows: The county commissioners of Bowman county duly advertised for sealed bids for furnishing materials in place for all bridge work required in the county for one year from…
1Opinion of the CourtBirdzell, J.
(after stating the facts). This action having been brought upon the contract for the nonpayment of the foregoing bill, and not for the reasonable worth of the materials and labor, the only question necessary to be considered on this appeal is that of the validity of the contract under which the materials were supplied and the work done.
The appellant bases the argument for the validity of the contract upon the powers vested-in boards of county commissioners by subdivision 3 of § 3275. Comp. Laws 1913, which authorizes them “to construct and repair bridges, and to open, lay out, vacate, and…
2Cited by6 opinions
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- Backhaus v. LeeNorth Dakota Supreme Court · 1923
- Boettcher v. McDowallNorth Dakota Supreme Court · 1919
- St. Paul Foundry Co. v. Burnstad School District No. 31North Dakota Supreme Court · 1936
- Twin City Technical LLC v. Williams CountyNorth Dakota Supreme Court · 2019
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