Hill v. Duluth City
Supreme Court of Minnesota
Appeal by defendant, the City of Duluth, from an order of the District Court of St. Louis County, Charles L. Lewis, J., made June 10, 1893, denying its motion for a new trial. Lakeside was a city, adjoining Duluth, until December 31, 1892, •when it was included within the boundaries of, and its liabilities assumed by, the latter city. Sp.
Read the full summary
Appeal by defendant, the City of Duluth, from an order of the District Court of St. Louis County, Charles L. Lewis, J., made June 10, 1893, denying its motion for a new trial. Lakeside was a city, adjoining Duluth, until December 31, 1892, •when it was included within the boundaries of, and its liabilities assumed by, the latter city. Sp. Laws 1891, ch. 57, p. 645. On July 11, 1892, Lakeside made a contract with the plaintiff, Levi J. Hill, for the grading and otherwise improving of Grand avenue in that city. He did the work and claimed therefor $18,767.18. The city paid him all but $700…
1Opinion of the Court
Gílfillan, G. J.
Action on a contract of plaintiff with the city of Lakeside (since consolidated with the city of Duluth) “for the grading and otherwise improving” an avenue in said city. The only controversy arises on a counterclaim of defendant for a failure to complete the work by the time specified in the contract. The contract stipulates, as damages, $25 for each and every day the contractor shall be in default in completing the work. The fact that it was not completed by the time specified is admitted, but plaintiff claims the failure was caused by the neglect to furnish certain culvert…
2Cited by8 opinions
- People ex rel. Attorney General v. Michigan Central RailroadMichigan Supreme Court · 1906
- Park Construction Co. v. Independent School District No. 32Supreme Court of Minnesota · 1943
- McGuire & Hester v. City & County of San FranciscoCalifornia Court of Appeal · 1952
- Butte Water Co. v. City of ButteMontana Supreme Court · 1914
- City of South St. Paul v. Northern States Power Co.Supreme Court of Minnesota · 1933
3 more not listed; retrieve them via the Exa API.