Fowlds v. Evans
Supreme Court of Minnesota
Action in the district court for Pope county against A. L. Evans, Duluth, Huron & Denver Railroad Company, and others to recover from defendant Evans for work and labor performed in the construction of the railway of defendant company, and to have the amount adjudged due declared a lien on the railway, and for foreclosure of such lien. Evans was the general contractor for the construction of the railway and plaintiff was subcontractor under Evans.
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Action in the district court for Pope county against A. L. Evans, Duluth, Huron & Denver Railroad Company, and others to recover from defendant Evans for work and labor performed in the construction of the railway of defendant company, and to have the amount adjudged due declared a lien on the railway, and for foreclosure of such lien. Evans was the general contractor for the construction of the railway and plaintiff was subcontractor under Evans. The case was tried before Brown, J., who ordered judgment that plaintiff recover of defendant Evans $44,629.71, with interest from November 23,…
1Opinion of the CourtMitchell, J.
For the facts reference may be had to the decision on the former appeal. 52 Minn. 551, 54 N. W. 743.
On the second trial there was really no dispute but that plaintiff, as subcontractor under Evans, in fact performed the work, in the construction of defendant railway company’s road, for which he seeks to recover; that-it was done to the satisfaction and acceptance of the railway company’s engineer, and that such engineer furnished to one Wilson, as the agent of Evans, certificates of the quality and quantity of the work in the form provided for in the contract between plaintiff and Evans,…
2Cases cited1 opinion
- Fowlds v. EvansSupreme Court of Minnesota · 1893
3Cited by1 opinion
- Johnson v. HansonSupreme Court of Minnesota · 1936