Dave Gustafson & Co. v. S.D. Highway Commission

225 N.W.2d 594 (1975)

DAVE GUSTAFSON & COMPANY, INC., a corporation, Plaintiff and Respondent,

v.

SOUTH DAKOTA STATE HIGHWAY COMMISSION, Defendant and Appellant.

No. 11291.

Supreme Court of South Dakota.

February 6, 1975.

Rehearing Denied March 31, 1975.

May, Johnson & Burke, Harold C. Doyle, Sioux Falls, for plaintiff and respondent.

Carl W. Quist, Highway Asst. Atty. Gen., Gary F. Colwill, Sp. Asst. Atty. Gen., Pierre, for defendant and appellant.

WOLLMAN, Justice (on reassignment).

Plaintiff brought an action against defendant (the Commission) pursuant to provisions of SDCL 31-2-34 seeking…