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  5. 56 N.W.2d 693 (1953)
 

CITY OF TYNDALL v. SCHUURMANS

Nos. 9299, 9309.

56 N.W.2d 693 (1953)

CITY OF TYNDALL v. SCHUURMANS (two cases).

Supreme Court of South Dakota.

Rehearing Denied March 16, 1953.

Attorney(s) appearing for the Case

Frank Vladyka, Jr., Tyndall, Fellows & Fellows, Mitchell, for City of Tyndall, appellant and cross-respondent.

W. W. French and Louis B. French, Yankton, for William Schuurmans, respondent and cross-appellant.

SMITH, Judge.

This action by the city of Tyndall upon the written guaranty by defendant, Wm. Schuurmans, of the promise in writing of the Community Hospital Association of Tyndall to pay the city $1,000 resulted in a judgment for defendant on the ground that the contract was tainted with illegality. After developing the undisputed facts, we shall separately state and consider the propositions upon which the city predicates...

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