John A. Carlson, Inc. v. S. D. State Highway Commission
This text of 202 N.W.2d 867 (John A. Carlson, Inc. v. S. D. State Highway Commission) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
MEMORANDUM OPINION
This is an action for damages for breach of a contract entered into by plaintiff and the South Dakota State Highway Commission for the production of a gravel stockpile for use on U. S. Highway 281 in Spink County. The claimed damages in the amount of $84,874.00 are all in excess of and in addition to the contract price of the work agreed to be performed.
[71]*71Plaintiff has appealed from an order dismissing its action. The issues involve the meaning and effect of SDCL 31-2-34 to 31-2-39 inclusive as limited by Sections 8 and 9, Article XI of the South Dakota Constitution. The same issues were recently considered by this court in the case of G. H. Lindekugel & Sons, Inc. v. South Dakota State Highway Commission et al., 87 S.D. 32, 202 N.W.2d 125 (1972), and were all determined adversely to plaintiff’s contentions and claims herein.
Accordingly, the order appealed from is affirmed.
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Cite This Page — Counsel Stack
202 N.W.2d 867, 87 S.D. 70, 1972 S.D. LEXIS 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-a-carlson-inc-v-s-d-state-highway-commission-sd-1972.