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TRI-STATE MILLING COMPANY v. BOARD OF COUNTY COMMISSIONERS FOR PENNINGTON COUNTY

No. 9436.

68 N.W.2d 104 (1955)

TRI-STATE MILLING COMPANY, a corporation, Plaintiff and Appellant, v. BOARD OF COUNTY COMMISSIONERS FOR PENNINGTON COUNTY, South Dakota, Defendant and Respondent.

Supreme Court of South Dakota.

January 7, 1955.

Attorney(s) appearing for the Case

H. R. Hanley, John M. Costello, and James H. Wilson, Rapid City, for plaintiff and appellant.

Robert W. Gunderson, State's Atty. for Pennington County, Rapid City, for defendant and respondent.

BANDY, Circuit Judge.

The Board of County Commissioners of Pennington County invited the submission of bids to furnish Ester type 2-4-D containing 1,500 pounds of acid. Five bids were received, ranging from the appellant's offer to furnish 1,504 pounds of acid equivalent for $1,480.50, to a high bid of $1,752.00. The offers varied as to the acid concentration of the liquid to be furnished. The Commissioners accepted the bid of M. L. Warne to furnish 1,503 pounds of...

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