Hughes-Johnson Co. v. Dakota Midland Hospital

HANSON, Presiding Judge.

In this action to recover the balance alleged due on a construction contract defendant contends the trial court improperly granted summary judgment in favor of plaintiff.

The plaintiff, Hughes-Johnson Company, a contracting firm, and the defendant, Dakota Midland Hospital, are both South Dakota corporations with principal offices in the City of Aberdeen. The complaint, dated August 28, 1970, alleges, in substance, that the parties entered into a written agreement, which is attached to the complaint as Exhibit A, for the construction of a hospital building for the agreed…