Legal Opinion

Davis v. Crookston Waterworks, Power & Light Co.

Supreme Court of Minnesota

Decided June 1, 1894No. 8759PublishedCited by 5 opinions

Appeal by defendant, the Crookston Water Works Power and Light Company, from an order of the District Court of Polk County, Frank Ives, J., made December 4, 1893, denying its motion for a new trial. On April 27, 1892, defendant entered into a contract with plaintiff, E. C. Davis, and Henry Nolan, by which they agreed to build a power house for it.

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Appeal by defendant, the Crookston Water Works Power and Light Company, from an order of the District Court of Polk County, Frank Ives, J., made December 4, 1893, denying its motion for a new trial. On April 27, 1892, defendant entered into a contract with plaintiff, E. C. Davis, and Henry Nolan, by which they agreed to build a power house for it. On May 9, 1892, Davis and Nplan assigned this contract and all their rights thereunder to the intervenor, Hugh Thompson, he agreeing to assume and pay all claims for labor and material then due. Defendant was notified of such assignment and all…

1Opinion of the CourtCanty, J.

This is an action commenced by plaintiff to foreclose a mechanic’s lien. Plaintiff alleged that he and one Nolan entered into a contract with defendant to erect a power house for it at Crookston, and furnish a part of the material for the same; that, they performed the contract, and filed the lien statement within the statutory time; and that afterwards Nolan assigned all his right and interest therein to plaintiff. The defendant answered, and, among other things, alleged that, before the commencement of this action, the plaintiff and Nolan assigned this claim and demand to Thompson, and that…

2Cases cited1 opinion

  1. Griffin v. ChadbourneSupreme Court of Minnesota · 1884

3Cited by5 opinions

  1. Talco Capital Corp. v. State Underground Parking Commn.Ohio Court of Appeals · 1974
  2. Huber v. St. Joseph's HospitalIdaho Supreme Court · 1905
  3. Lippincott v. LawrieWisconsin Supreme Court · 1903
  4. Hamilton v. WhitsonCourt of Appeals of Kansas · 1897
  5. Adolphson v. HixonSupreme Court of Minnesota · 1943

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