McCarthy v. City of Murdo

• Decision Date: 02 January 1942
• Docket Number: 8429.
• Parties: McCARTHY v. CITY OF MURDO et al.
• Court: South Dakota Supreme Court

1 N.W.2d 812

68 S.D. 271

McCARTHY v. CITY OF MURDO et al.

No. 8429.

Supreme Court of South Dakota

January 2, 1942

Tom Kirby, of Sioux Falls, for appellants.

Morgan & Whiting and H. T. Fuller, all of Mitchell, for respondent.

PER CURIAM.

In this case a rehearing was granted. In the former opinion which appears in 297 N.W. 790, the court failed to consider certain statutory provisions which are urged by the respondent as being controlling in the present dispute. The respondent cites and relies especially upon SDC 45.0201(88) and 45.1501. It appears from the record that the injury upon which the claim for compensation is based occurred October 10, 1938 which was before the effective date of the Code of 1939 and of course, the Code sections are not applicable. These Code sections find their source in Chapter 235, Laws of 1925 which was the law in effect at the time Mr. McCarthy was injured. This law is as follows: "No contracts of any municipal corporation shall be valid unless authorized by a vote of the governing body, at a duly assembled meeting thereof; all written contracts shall be signed by the Mayor or president of the board of trustees, be countersigned by the city auditor or town clerk, and have the corporate seal attached; and all contracts for local improvements, for which special assessments are to be levied, except sidewalks and bulkheads, must be let to the lowest responsible bidder Provided, that whenever the bid of the lowest responsible bidder for any local improvement shall exceed by ten per cent (10%), the City Engineer's estimate of the cost of such local improvement, the governing body of such municipal corporation may, in its discretion, direct any such local improvement or any part thereof which it shall deem necessary to be made, to be done by day's work under the direction of the governing body of such municipal corporation, or any officers of said municipal corporation whom the governing body of such municipal corporation may designate; Provided that the city council, board of commissioners or board of trustees shall have the right to reject any and all bids and to re-advertise for proposals, if none of the bids are satisfactory or if they believe any agreement has been entered into between the bidders to prevent competition provided, however, that no such local improvements shall be constructed by day's pay when the City Engineer's estimate of the cost of such...