Wilcox Lumber Co. v. Ritteman
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Becker county, Baxter, J., vacating the findings in favor of plaintiff theretofore made, and granting a new trial.
1Opinion of the CourtCollins, J.
In an action brought to enforce a materialman’s lien upon real property, the court below, trying the case without a jury, made findings of fact and ordered judgment in favor of the plaintiff. Subsequently, upon defendant’s motion for a new trial, the court granted the same, whereupon plaintiff appealed.
*19It was averred in the complaint that the materials were furnished under and by virtue of an oral agreement between plaintiff and defendant, and the court found as a fact that they were furnished by plaintiff for defendant at the -latter’s special instance and request, and as alleged in the…
2Cited by7 opinions
- Kaufman v. BarbourSupreme Court of Minnesota · 1908
- O'Brien v. Northwestern Consolidated Milling Co.Supreme Court of Minnesota · 1912
- Johnson v. ScottSupreme Court of Minnesota · 1912
- Christianson v. National Citizens BankSupreme Court of Minnesota · 1926
- Deitsch v. George R. Gibson Co.Court of Appeals for the Eighth Circuit · 1907
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