State Ex Rel. Department of Health v. Capital Convalescent Center, Inc.

OPINION

By the Court,

Mowbray, J.:

This is an- appeal from an order of the district court granting summary judgment in favor of the respondent-defendant for $27,445.86,. hereinafter referred to as Convalescent, and against the appellant-plaintiff, hereinafter referred to as State..The judgment is predicated upon a written contract between the two parties dated April 1, 1970, wherein Convalescent agreed to provide, certain health care services for medically indigent persons for .State at a stipulated per diem rate of-$16 per person. The contract also provided, among other things, that the…