Grant v. Wolf
Supreme Court of Minnesota
Plaintiffs brought this action in the district court for St. Louis county, to recover $1,850, on the cause of action stated in the opinion. At the trial before Stearns, J., and a jury, plaintiffs had a ver-diet for $1,737.96. Defendants having moved for a new trial, the court ordered that a new trial be had unless the plaintiffs should remit from the verdict all in excess of $1,505.80, but that, on plaintiffs making such remission, no new trial should be had.
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Plaintiffs brought this action in the district court for St. Louis county, to recover $1,850, on the cause of action stated in the opinion. At the trial before Stearns, J., and a jury, plaintiffs had a ver-diet for $1,737.96. Defendants having moved for a new trial, the court ordered that a new trial be had unless the plaintiffs should remit from the verdict all in excess of $1,505.80, but that, on plaintiffs making such remission, no new trial should be had. The plaintiffs made the remission, and the defendants appeal from the order.
1Opinion of the CourtBfrry, J.
Upon the plaintiffs’ theory of the character of their alleged cause of action, and of the tendency and effect of the evidence by which it is sought to be sustained, (and we think their theory is the right one,) this case presents but very little difficulty. The defendants had entered into a contract with the Duluth & Iron Bange Bailroad Company for the construction of a portion of its railroad, and had sublet a certain “section” of that portion to the firm of Som-erville & Cameron, as subcontractors. It appeared from the defendants’ own testimony that they were bound by their contract with…
2Cases cited2 opinions
- State v. GutSupreme Court of Minnesota · 1868
- Craig v. CookSupreme Court of Minnesota · 1881
3Cited by13 opinions
- Goss v. GossSupreme Court of Minnesota · 1907
- Lundblad v. EricksonSupreme Court of Minnesota · 1930
- Maurin v. FogelbergSupreme Court of Minnesota · 1887
- West v. GraingerSupreme Court of Florida · 1903
- Peyson v. ShellabargerNebraska Supreme Court · 1891
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