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

(on reassignment).

Plaintiff brought an action against defendant (the Commission) pursuant to provisions of SDCL 31-2-34 seeking declaratory relief. The case was submitted to the trial court on a written stipulation of facts. * The trial court entered judgment in favor of plaintiff in the amount of $9,580. We reverse.

Summarized, the stipulation of facts reveals that on or about April 11, 1969, plaintiff entered into a contract with the Commission to perform paving and other supporting work on project I 90 — 4(18) 185 in Jones County, South Dakota. The contract incorporated the South Dakota…