G. H. Lindekugel & Sons, Inc. v. S. D. State Highway Commission

It is clear the court’s opinion, in which I join, does not deny recovery to a plaintiff for any money due under, by virtue of, or within the provisions of the contract; it does deny recovery for any damages (as cited opinions stress) outside of, separate from, and in addition to those provided for in the contract. Plaintiff recognizes the latter situation exists here by stating in its brief its claim is for “additional compensation” for labor and material incurred for “additional work it had to do to complete the project”.

The result reached is consistent and in conformity with the requirement…