Sioux Falls Pressed Brick Co. v. Board of Education
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Joseph iV. Jones, Judge. Consolidated action by the Sioux Palls Pressed Brick Company and others against the Board of Education of Sioux Falls, impleaded. From a judgment for the Board and an order deny mg a new trial, plaintiffs appeal.
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Appeal from Circuit Court, Minnehaha County. Hon. Joseph iV. Jones, Judge. Consolidated action by the Sioux Palls Pressed Brick Company and others against the Board of Education of Sioux Falls, impleaded. From a judgment for the Board and an order deny mg a new trial, plaintiffs appeal. Article 2 of the Code of Civil Procedure relating to subcontractors and laborers upon public improvements provides, that every person who shall perform any labor or furnish any material for the construction or repair of any work * * * for any public school corporation in this state to any person who shall have…
1Opinion of the CourtWhiting, P. J.
The defendant board of education is a ■public school corporation. It contracted with its codefendant, J. J. Olsen & Son, for the erection of a school building. Olsen & Son entered upon the contract, and, when the building was partly completed, they failed in their contract, and the building was completed by the school corporation. Plaintiffs are, all subcontractors who -furnished to Olsen & Son material for such building. Plaintiffs each brought an action against -the above-named defendants, naming as codefendants the other parties now joined *40as plaintiffs and appellants; such plaintiffs…
2Cases cited4 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Brainard v. . County of KingsNew York Court of Appeals · 1898
- Kelly v. . BloomingdaleNew York Court of Appeals · 1893
- Epeneter v. Montgomery CountySupreme Court of Iowa · 1896
3Cited by4 opinions
- Evans & Howard Fire Brick Co. v. National Surety Co.South Dakota Supreme Court · 1919
- Grant County v. McGowan Lumber Co.South Dakota Supreme Court · 1919
- Loveland v. PerritonSouth Dakota Supreme Court · 1928
- Boyce v. BoyceSouth Dakota Supreme Court · 1913