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CLARK v. BERGEN

No. 9322.

59 N.W.2d 250 (1953)

CLARK v. BERGEN et al.

Supreme Court of South Dakota.

June 11, 1953.

Attorney(s) appearing for the Case

John E. Walsh, James T. Goetz, Yankton, for plaintiff-respondent.

Frank Biegelmeier, Yankton, for defendants-appellants.

ROBERTS, Presiding Judge.

The Blacktop Construction Company of Billings, Montana, entered into four contracts with the State of South Dakota to furnish all the materials and do all the work required in bituminous surfacing of portions of the state trunk highway system. A contract thereafter entered into between Myrl Clark and Blacktop Construction Company reads as follows:

"A agreement between Black Top Construction Co., Billings, Montana and Myrl Clark,...

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