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BAK v. JONES COUNTY

No. 11201.

210 N.W.2d 65 (1973)

Bob BAK, d/b/a Bob Bak Construction Company, Plaintiff and Appellant, v. JONES COUNTY, South Dakota, Defendant and Respondent.

Supreme Court of South Dakota.

Decided August 28, 1973.

Attorney(s) appearing for the Case

Stephens, Riter, Mayer & Hofer, Pierre, for plaintiff and appellant.

C. D. Kell, Murdo, for defendant and respondent.

BIEGELMEIER, Chief Justice.

This action by a contractor for work done on a county road was tried by the court. The findings of fact and undisputed evidence were that about the first of June 1971, plaintiff had a talk with Helge Anderson, one of the county commissioners of Jones County, who said some damage had been done to roads by excessive rainfall and asked him if he was "interested in fixing them". Later (on June 28th) the superintendent of highways and the commissioner...

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