Norbeck & Nicholson Co. v. State
South Dakota Supreme Court
Original action by Norbeck & Nicholson Company against the State of' South Dakota, to recover a money judgment" under an alleged contract -for equipment by plaintiff of an artesian 'well sunk on state grounds. Upon demurrer to the amended complaint. The power of the Board of Regents to enter into the contract with the plaintiff, set forth In the complaint, was ample, with this ’limitation only, that funds must first be provided for carrying out this contract.
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Original action by Norbeck & Nicholson Company against the State of' South Dakota, to recover a money judgment" under an alleged contract -for equipment by plaintiff of an artesian 'well sunk on state grounds. Upon demurrer to the amended complaint. The power of the Board of Regents to enter into the contract with the plaintiff, set forth In the complaint, was ample, with this ’limitation only, that funds must first be provided for carrying out this contract. When funds have been provided, the authority of the Board of Regents to contract and expend money is complete, and limited only by…
1Opinion of the CourtSmith, J.
This -cause was -before this court on a ¡demurrer to the original •complaint, which was sustained upon the ground that the contract was one authorized by an act of the Legislature, was made between-.the state and a person who- was a member of the Legislature at the time the act was. passed, and -was therefore void. 32 S. D. 189, 142 N. W. 847. The -demurrer being •sustained, plaintiff, exercising its -statutory' right, amended its complaint. The present -demurrer is to the complaint as- amended. The amended complaint pleads the identical contract alleged in the original complant, and the…
2Cases cited1 opinion
- Norbeck & Nicholson Co. v. StateSouth Dakota Supreme Court · 1913
3Cited by8 opinions
- Bozied v. City of BrookingsSouth Dakota Supreme Court · 2001
- Pitts v. LarsonSouth Dakota Supreme Court · 2001
- In the Matter of the Interpretation of South Dakota Constitution and State Law Re: State Legislator's Interest in State or County ContractsSouth Dakota Supreme Court · 2024
- Asphalt Surfacing Co. v. South Dakota Department of TransportationSouth Dakota Supreme Court · 1986
- Asphalt Surfacing Co. v. South Dakota Department of TransportationSouth Dakota Supreme Court · 1986
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