Meyer v. Berlandi
Supreme Court of Minnesota
Appeal by defendant, William Berlandi, from a judgment of the District Court of Bamsey County, William Louis Kelly, J., entered September 1,1892, against him for $1,358.08. Henry Wegmann and Henry Klemann, on February 11, 1887, made a contract with plaintiff to furnish the materials and build for him, above the foundation walls, a two-story brick building in West St. Paul, according to certain drawings and specifications.
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Appeal by defendant, William Berlandi, from a judgment of the District Court of Bamsey County, William Louis Kelly, J., entered September 1,1892, against him for $1,358.08. Henry Wegmann and Henry Klemann, on February 11, 1887, made a contract with plaintiff to furnish the materials and build for him, above the foundation walls, a two-story brick building in West St. Paul, according to certain drawings and specifications. He agreed to pay them therefor $11,700. Defendant, during the progress of the work, directed many alterations and deviations from the original contract and specifications,…
1Opinion of the Court
Gilpillan, G. J.
As it is beyond dispute that the contract price for constructing the building was paid, the first cause of action set forth in the complaint need not be considered. The other causes of action are for extra work and material, and in their statement there is nothing to indicate that the claim for such items was controlled or affected in any way by the terms of the building contract. If that contract contained anything to defeat or diminish the claim for extras, it was for the defendant to allege it in his answer as a defense, and then for plaintiffs to set forth in their reply…
2Cited by17 opinions
- Anderson v. Twin City Rapid Transit Co.Supreme Court of Minnesota · 1957
- Independent School District No. 35 v. A. Hedenberg & Co.Supreme Court of Minnesota · 1943
- Aetna Indemnity Co. v. Indianapolis Mortar & Fuel Co.Indiana Supreme Court · 1912
- Headley v. CavileerSupreme Court of New Jersey · 1912
- Abercrombie & Williams v. VandiverSupreme Court of Alabama · 1899
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