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FONDER v. CITY OF SOUTH SIOUX FALLS

No. 9494.

71 N.W.2d 618 (1955)

Francis G. FONDER, Raliegh J. Frederickson, Hugh M. Robinson and Richard Wingler, on their own behalf and on behalf of all other taxpayers of the City of South Sioux Falls, State of South Dakota, Plaintiffs and Respondents, v. CITY OF SOUTH SIOUX FALLS, a municipal corporation, V. A. Barnes, as Auditor and Charles H. Peiper, as Treasurer of said city, Defendants and Appellants.

Supreme Court of South Dakota.

August 10, 1955.

Attorney(s) appearing for the Case

Milton Buechler, Lennox, for plaintiffs and respondents.

J. B. Shultz, Sioux Falls, for defendants and appellants.

SMITH, Judge.

The city of South Sioux Falls has appealed from a judgment in favor of the plaintiff taxpayers which prevents the city from paying one Earl H. Fodness for gravel placed on its streets.

In March 1952 Mr. Fodness agreed with the street commissioner of the city to deliver gravel to any part of South Sioux Falls for $1.10 per yard. Thereafter as an immediate need for gravel at some particular location arose, its purchase was authorized by the city...

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