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SULZBACH v. TOWN OF JEFFERSON

No. 10363.

155 N.W.2d 921 (1968)

E. P. SULZBACH, R. P. Sulzbach, Don W. Sulzbach, Robert Sulzbach, dba Sioux City Engineering Company, Plaintiffs and Respondents, v. TOWN OF JEFFERSON, South Dakota, Defendant, and Loren J. Brunken, dba J. F. Brunken and Sons, Defendant and Appellant.

Supreme Court of South Dakota.

February 5, 1968.

Attorney(s) appearing for the Case

Churchill, Sauer, Manolis & Hoyt, Huron, for defendant and appellant Brunken.

Donley & Murphy, Elk Point, for plaintiffs and respondents.

ROBERTS, Judge.

Plaintiffs brought this action against the Town of Jefferson, South Dakota and Loren J. Brunken for the reasonable value of work performed and materials furnished in repairing the town's sanitary sewer system. Trial was before the court without a jury. On the motion of defendant town the action against it was dismissed. The court found that plaintiff was entitled to recover $1,881 with interest from defendant Brunken. Judgment was entered accordingly...

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