MELLGREN PLUMBING SHOP v. LEWIS AND TINSLEY, INC.

No. 9658.

90 N.W.2d 78 (1958)

MELLGREN PLUMBING SHOP, Inc., Plaintiff and Respondent, v. LEWIS AND TINSLEY, Inc., Defendant and Appellant.

Supreme Court of South Dakota.

May 10, 1958.


Attorney(s) appearing for the Case

Bangs, McCullen & Butler, Rapid City, for defendant and appellant.

Roswell Bottum, Burnell H. Hendricksen, Rapid City, for plaintiff and respondent.


SMITH, Judge.

As an assignee, the plaintiff, by its complaint prays judgment for $14,430.13 alleged to be due from defendant as the final payment under a contract to furnish and install plumbing and heating equipment. The answer asserts (1) the contract for the described installation is illegal because made and performed by persons then engaged in business under a fictitious name contrary to SDC 49.08, and (2) the assignment to plaintiff is invalid because prohibited...

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