Tyra v. Cheney
Supreme Court of Minnesota
Action in tbe district court for Hennepin county to recover $990.70. The answer alleged that the work done by plaintiff was performed under an agreement to do it for the sum of $3,0$2 and tendered judgment for $27.70. The reply denied the contract.
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Action in tbe district court for Hennepin county to recover $990.70. The answer alleged that the work done by plaintiff was performed under an agreement to do it for the sum of $3,0$2 and tendered judgment for $27.70. The reply denied the contract. The case w'as tried before Fish, J., who denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $569.70. From an order denying his motion for .judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtHolt, J.
The defendant had the contract to add to and repair a school building in Minneapolis, Minnesota. Plaintiff did some work and furnished some material in the performance of the contract. This action was to recover the reasonable value thereof, less certain admitted payments. In defense an express contract was pleaded, and judgment tendered for $27, the unpaid balance. Verdict for plaintiff, and defendant appeals from the order 'denying his motion in the alternative for judgment or a new trial.
Plaintiff’s contention, in brief, was: About the last of July, 1912, he offered to bid on the roofing…
2Cases cited5 opinions
- Singer v. Grand Rapids Match Co.Supreme Court of Georgia · 1903
- Rowland v. the New York, New Hayen & Hartford RailroadSupreme Court of Connecticut · 1891
- Peerless Glass Co. v. Pacific Crockery & Tinware Co.California Supreme Court · 1898
- Harran v. FoleyWisconsin Supreme Court · 1885
- Everson & Co. v. International Granite Co.Supreme Court of Vermont · 1893
3Cited by8 opinions
- Rushlight Automatic Sprinkler Co. v. City of PortlandOregon Supreme Court · 1950
- Hamilton v. BoyceSupreme Court of Minnesota · 1951
- Lange v. United StatesCourt of Appeals for the Fourth Circuit · 1941
- Hafner v. RitzingerSupreme Court of Minnesota · 1959
- Fransen v. StateSouth Dakota Supreme Court · 1932
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