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KYBURZ v. STATE

No. 9821.

108 N.W.2d 645 (1961)

R. N. KYBURZ and J. C. Hurlbert, a co-partnership, doing business as, Kyburz Construction Company, Plaintiffs, v. STATE of South Dakota, Defendant.

Supreme Court of South Dakota.

April 19, 1961.

Attorney(s) appearing for the Case

Vernon Williams, Aberdeen, for plaintiff.

A. C. Miller, Atty. Gen., Walter Weygint, Asst. Atty. Gen., for defendant.

ROBERTS, Judge.

This is an original action in this court instituted under the provisions of SDC 1960 Supp. 33.0604 to enforce payment of a claim against the State. The action arises out of a building contract for the construction of a dormitory at Northern State Teachers College, Aberdeen. The contract price was $181,800. The State Engineer claiming that plaintiffs failed to furnish 150 bedsprings specifically called for under the contract directed the deduction of...

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