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SIOUX FALLS CONSTRUCTION CO. v. DAKOTA FLOORING

No. 7895.

109 N.W.2d 244 (1961)

SIOUX FALLS CONSTRUCTION COMPANY, Plaintiff and Respondent, v. DAKOTA FLOORING, a corporation, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied May 27, 1961.

Attorney(s) appearing for the Case

Alfred A. Thompson, Bismarck, for defendant and appellant.

Jansonius, Fleck, Smith, Mather & Strutz, Bismarck, for plaintiff and respondent.

SAD, District Judge.

The complaint in this action alleges a cause of action upon a contract whereby the defendant agreed to furnish material and work necessary to the acoustical work provided for in said contract. The complaint further alleges that defendant breached the contract and did not complete the same within the time specified, whereby plaintiff was forced to proceed in accordance with the plans and specifications, perform the work and furnish material in...

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