Sinclair v. Fitzpatrick
Supreme Court of Minnesota
Action in the municipal court of St. Paul to recover $46.01. The action was tried before Hanft, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. Prom the judgment entered pursuant to the order for judgment, defendant John P. Fitzpatrick appealed.
1Opinion of the Court
Pee Cdbiam.
This action was brought against the huband and wife to recover the reasonable value for changing, at their request, a woodshed into a garage. Judgment was rendered against both. The husband alone appeals therefrom, upon the sole ground that there is no finding that he requested the work to be done. The findings are not to be commended. But since there was no application either for a new trial or for an amendment of the findings to more definitely state whether or not appellant requested plaintiff to render the services, we should construe the findings so as to sustain the judgment,…
2Cases cited2 opinions
- Adams v. EidamSupreme Court of Minnesota · 1889
- Clark v. Thorpe Bros.Supreme Court of Minnesota · 1912
3Cited by1 opinion
- Gorco Construction Co. v. SteinSupreme Court of Minnesota · 1959