Alley Construction Co., Inc. v. State

Todd, Justice.

The state appeals from the judgment entered for plaintiff, Alley Construction Co., Inc., and from the order denying its motion for a new trial in an action arising out of the construction of a highway. The state challenges the sufficiency of the evidence permitting recovery on a breach of warranty theory and the allowance of prejudgment interest. We affirm as to the issue of liability and reverse as to the allowance of prejudgment interest.

This litigation concerns the award of a construction contract for 9.3 miles of highway between Kellogg and Wabasha in southeastern Minnesota.…