Milavetz v. Oberg
Supreme Court of Minnesota
Action in the district court for St. Louis county against S. Oberg and Matt Lofbaeka, sureties on a building bond of one Dahlvik, a building contractor, to recover $1,894.15 for mechanics’ liens paid by plaintiff and the amount of a judgment obtained by plaintiff, against Dahlvik.
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Action in the district court for St. Louis county against S. Oberg and Matt Lofbaeka, sureties on a building bond of one Dahlvik, a building contractor, to recover $1,894.15 for mechanics’ liens paid by plaintiff and the amount of a judgment obtained by plaintiff, against Dahlvik. The case was tried before Hughes, J-., who at the close of the testimony denied the motion of defendant Oberg for a directed verdict, and a jury which returned a verdict for $1,946.23. Defendant Oberg’s motion for judgment notwithstanding the verdict was denied, and defendant Lofbacka’s motion for judgment…
1Opinion of the Court
Taylor, C.
Oscar Dahlvik contracted to erect a dwelling house for plaintiff and to furnish all the labor and material therefor, and gave a bond, executed by defendants as sureties, to secure the performance of the contract and the payment of all obligations incurred for labor and material and to hold plaintiff harmless from any claim on account thereof. He erected *217the house and received the contract price therefor, but failed to pay certain claims for labor and material. Liens were filed against the property for these claims and were subsequently foreclosed. Thereafter plaintiff brought suit…
2Cases cited21 opinions
- Smith v. . MollesonNew York Court of Appeals · 1896
- George A. Hormel & Co. v. American Bonding Co.Supreme Court of Minnesota · 1910
- Simonson v. GrantSupreme Court of Minnesota · 1887
- Consaul v. SheldonNebraska Supreme Court · 1892
- Cowles v. United States Fidelity & Guaranty Co.Washington Supreme Court · 1903
16 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gilloley v. SampsonSupreme Court of Minnesota · 1938
- Johnson v. ArndtSupreme Court of Minnesota · 1932
- State Bank of New Prague v. American Surety Co.Supreme Court of Minnesota · 1939
- Corporation of President of Church of Jesus Christ of Latter-Day Saints v. Hartford Accident & Indemnity Co.Utah Supreme Court · 1939
- Van Knight Steel Erection, Inc. v. Housing & Redevelopment Authority of St. PaulCourt of Appeals of Minnesota · 1988
3 more not listed; retrieve them via the Exa API.