Legal Opinion

Wm. Collins, Inc. v. South Dakota State Board of Transportation

South Dakota Supreme Court

Decided March 29, 1978No. 12266PublishedCited by 8 opinions

1Opinion of the Court

PORTER, Justice.

CASE SUMMARY

This is an appeal from the judgment of the circuit court granting the plaintiff’s (Collins) motion for summary judgment as to count one of its complaint (the parties having stipulated to the dismissal of plaintiff’s counts two and three), and awarding the plaintiff $56,384.66, plus interest. We conclude that summary judgment should not have been granted, and reverse and remand for trial on the merits.

FACTS

On February 18, 1972, the plaintiff, Collins, and defendant, South Dakota State Board of Transportation (Board), entered into a construction contract for base…

2Cases cited4 opinions

  1. Hughes-Johnson Co. v. Dakota Midland HospitalSouth Dakota Supreme Court · 1972
  2. Janklow v. KellerSouth Dakota Supreme Court · 1976
  3. Poppenga v. CramerSouth Dakota Supreme Court · 1977
  4. State, by Burnquist v. Wm. O'Neil Sons Co.Supreme Court of Minnesota · 1941

3Cited by8 opinions

  1. State, Department of Revenue v. ThiewesSouth Dakota Supreme Court · 1989
  2. Glanzer v. St. Joseph Indian SchoolSouth Dakota Supreme Court · 1989
  3. Hubbard Milling Co. v. FrameSouth Dakota Supreme Court · 1981
  4. Daniel Holloway v. Thomas Conger, Daniel Lindblom Thomas Jones Dorothy Noonan and Merton Clarkson, as Members of the South Dakota State Brand Board and Individually the South Dakota State Brand Board. South Dakota Stockgrowers Association, Inc., Daniel Holloway v. Thomas Conger Daniel Lindblom, Thomas Jones, Dorothy Noonan, and Merton Clarkson, as Members of the South Dakota State Brand Board and Individually, the South Dakota State Brand Board, South Dakota Stockgrowers Association, IncCourt of Appeals for the Eighth Circuit · 1990
  5. Holloway v. CongerCourt of Appeals for the Eighth Circuit · 1990

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