Seastrand v. D. A. Foley & Co.
Supreme Court of Minnesota
Action in tbe district court for Aitkin county to' recover $2,436.75. Tbe bistory of tbe litigation is given at the beginning of tbe opinion. Tbe case was tried before Wright, J., who made findings and ordered judgment for the amount demanded. Defendant’s motion to amend the findings and order for judgment was denied. From an order denying its motion for a new trial, defendant appealed.
1DissentHolt, J.
I dissent. The excavation called for by the contract with the county was 158,545.06 cubic yards. The engineer ordered plaintiff, the subcontractor under defendant, to excavate 53,444.6 yards additional; which he did. He sued defendant for this extra excavation at 9|- cents per cubic yard, the contract price; also for $512.44 extra for bridge and roadwork. Although defendant denied all knowledge of and liability for the extra work, it collected from the county $3,152.93 therefor, being the 10 per cent additional to the contract price which the engineer was authorized to order extra under…
2Cases cited1 opinion
- Seastrand v. D. A. Foley & Co.Supreme Court of Minnesota · 1916