South Dakota Supreme Court, 1972

John A. Carlson, Inc. v. S. D. State Highway Commission

South Dakota Supreme Court · Decided December 12, 1972 · Biegelmeier, Doyle, Hanson, Winans, Wollman

87 S.D. 70; 202 N.W.2d 867; 1972 S.D. LEXIS 97

Cases that cite this one

2 later published cases cite this decision.

South Dakota Automobile Club, Inc. v. Volk (S.D. 1981)
John A. Carlson, Inc. v. South Dakota St. Hwy. Com'n (S.D. 1972)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

MEMORANDUM OPINION

HANSON, Presiding Judge.

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.

*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.

BIEGELMEIER and WINANS, JJ., concur. WOLLMAN and DOYLE, JJ., dissent.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.