142 N.W. 260 | S.D. | 1913
From the allegations of plaintiff’s complaint it, in substance, appears that defendants are the board and members of the board of education of the independent school district of the city of Canton; that defendants by contract employed Symms-Powers Company as contractor to construct and install a heating plant in a public school building; that said contractor entered into a bond, with sureties, for the faithful performance of said contract, but that defendants neglected, omitted, and failed to require to be inserted and contained in said bond the further and additional obligation binding said contractor to promptly make payment to all persons supplying it with labor and materials in the construction of said heating plant; that plaintiff furnished labor and materials which were used by said contractor in con
The order appealed from is reversed, and the cause remanded, and defendants given 30 days from the date of the filing of the remittitur in which to serve answer to said complaint, should they so desire.