3 S.D. 90 | S.D. | 1892
This is an action brought by plaintiff to re•cover a balance of $781.63, claimed to be due him from the defendant upon a contract for grading a street. The cause was tried •by the court, and judgment rendered in favor of plaintiff for the •balance claimed, together with interest. From this judgment this appeal is taken. It is conceded that the work has been completed in accordance with the provisions of the contract. The only question in the case is the right of the plaintiff to recover this balance under the contract and the evidence produced upon the trial. As appears from the evidence, the claim of the plaintiff is made up of the following items, viz.: Loam for parking, 3,802 yards, at 19