Robertson v. Burton
Supreme Court of Minnesota
Action in the district court for Otter Tail county to recover $321.50 for work and labor performed by plaintiffs in building a barn for defendant at the latter’s request. Defendant answered alleging a written contract between the parties for the erection of the building and a breach thereof by plaintiff, and setting up a counterclaim for $700 damages for such breach.
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Action in the district court for Otter Tail county to recover $321.50 for work and labor performed by plaintiffs in building a barn for defendant at the latter’s request. Defendant answered alleging a written contract between the parties for the erection of the building and a breach thereof by plaintiff, and setting up a counterclaim for $700 damages for such breach. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor of plaintiffs for $292.35. From an order denying a motion for a new trial, defendant appealed.
1Opinion of the CourtLewis, J.
According to the pleadings, there was made distinct issue upon two propositions. First, as to whether plans and specifications had been furnished in accordance with the terms of the contract; second, whether respondents had abandoned the work before its completion, without just cause, — that is, because appellant failed to furnish the necessary material.
So far as the preparation of the plans and specifications is concerned, respondents are not in a position to take advantage of any failure in that respect on the part of appellant. The agreement by appellant to furnish them was waived by going…
2Cases cited2 opinions
- Steinbauer v. StoneSupreme Court of Minnesota · 1902
- Applebee v. PerrySupreme Court of Minnesota · 1902
3Cited by16 opinions
- State v. SoltauSupreme Court of Minnesota · 1942
- Sassen v. HaegleSupreme Court of Minnesota · 1914
- Adelmann v. Elk River Lumber Co.Supreme Court of Minnesota · 1954
- Donald v. MosesSupreme Court of Minnesota · 1959
- MacIllravie v. St. Barnabas HospitalSupreme Court of Minnesota · 1950
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