Spurlin v. Siebrasse

This in an action brought to recover the contract price for harvesting grain and to foreclose a combiner’s lien for the amount due. Defendants’ answer contains a motion to dismiss on the ground that plaintiff’s complaint does not state facts sufficient to constitute a cause of action. The court granted defendant’s motion and entered judgment dismissing the action on the merits. Plaintiff appeals.

The motion to dismiss was granted upon the ground that the plaintiff had failed to comply with SDC 64.0201(2) relating to the filing of workmen’s compensation bond and certificate of insurance.

SDC…