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  5. 171 N.W.2d 504 (1969)
 

STATE HIGHWAY COM'N v. J. H. BECKMAN CONST. CO.

No. 10479.

171 N.W.2d 504 (1969)

The STATE HIGHWAY COMMISSION of the State of South Dakota, on behalf of and In the name of the State of South Dakota, Plaintiff and Respondent, v. J. H. BECKMAN CONSTRUCTION CO., a corporation, and G. H. Lindekugel & Sons, Inc., a corporation, Defendants and Appellants.

Supreme Court of South Dakota.

October 22, 1969.

Attorney(s) appearing for the Case

John E. Burke, Sioux Falls, for defendants and appellants.

Gordon J. Mydland, Atty. Gen., John B. Wehde, Asst. Atty. Gen., Pierre, for plaintiff and respondent.

RENTTO, Judge.

In this action the state seeks a declaration of rights and duties under a contract awarded after competitive bidding for the building of a highway bridge, the terms of which were altered during the course of construction by agreement of the parties. It is principally interested in the legality of additional compensation allowed the contractor under the modification.

The State of South Dakota accepted the bid of J. H. Beckman Construction Company...

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