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HOITEN v. CITY OF CANISTOTA

No. 20141.

579 N.W.2d 12 (1998)

1998 SD 44

Merle HOITEN, Jr. and Merle Hoiten, d/b/a Hoiten Construction Company, Plaintiffs and Appellants, v. CITY OF CANISTOTA, a public corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 13, 1998.

Attorney(s) appearing for the Case

David R. Gienapp of Arneson, Issenhuth & Gienapp, Madison, for plaintiffs and appellants.

Timothy W. Bjorkman and Mike C. Fink of Bjorkman Law Office, Bridgewater, for defendant and appellee.

AMUNDSON, Justice.

[¶ 1.] Contractor sued city of Canistota (City) to recover money claimed to be due for services rendered at the city landfill. At the conclusion of the contractor's case during the trial to the court, City's motion for a directed verdict was granted based on the failure to comply with the competitive bidding requirements of the State of South Dakota. Contractor appeals, asserting there was a valid contract pursuant to an existing bid that was...

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