STATE v. JOHNSON

No. 10465.

160 N.W.2d 637 (1968)

STATE of South Dakota for the Use and Benefit of J. D. EVANS EQUIPMENT COMPANY, SIOUX ROAD, Inc., a Corporation, and Wholesale Tire and Supply Company, Plaintiffs, v. Jewett JOHNSON d/b/a Jewett Johnson Construction Company, Defendant, Planet Insurance Company, a Corporation, Defendant and Respondent, American Oil Company, a Corporation, Impleaded Defendant and Appellant.

Supreme Court of South Dakota.

August 14, 1968.


Attorney(s) appearing for the Case

Davenport, Evans, Hurwitz & Smith, Lyle J. Wirt, Sioux Falls, for impleaded defendant and appellant.

Agor, Siegel, Barnett & Schutz, Aberdeen, for defendant and respondent.


ROBERTS, Judge.

The J. D. Evans Equipment Company, Sioux Road, Inc., and Wholesale Tire and Supply Company brought separate actions against Jewett Johnson, an individual doing business as Johnson Construction Company, and the Planet Insurance Company which had joined defendant Johnson in the execution of performance bonds in the amounts of $94,713 and $19,172. The court pursuant to stipulation consolidated the actions and granted motion of defendant surety to interplead...

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