SCHULL CONSTRUCTION COMPANY v. KOENIG

No. 10015.

121 N.W.2d 559 (1963)

SCHULL CONSTRUCTION COMPANY, Plaintiff and Appellant, v. William KOENIG and John Koenig, co-partners doing business under the firm name and style of Koenig Bros. Construction Company, Defendants and Respondents.

Supreme Court of South Dakota.

May 13, 1963.


Attorney(s) appearing for the Case

Austin, Hinderaker & Hackett, Watertown, for plaintiff and appellant.

Bicknell, Holland & Delaney, Webster, for defendants and respondents.


HOMEYER, Judge.

This is a suit for a declaratory judgment between a general contractor and his subcontractor for determination of rights and liabilities under a contract for the construction of certain waste treatment facilities for the city of Watertown. Plaintiff-appellant, the general contractor, will be referred to as the contractor, the defendants-respondents as the subcontractor, and the city of Watertown as the owner.

The contract for the construction...

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