Village of Wells v. Layne-Minnesota Co.

Dell, Chief Justice.

The matter before us is a consolidation of two appeals arising out of an action for rescission of a contract and recovery of the consideration paid under it. Plaintiff Village of Wells, Minnesota, hereinafter referred to as the village, engaged defendant LayneMinnesota Company, hereinafter referred to as Layne, to construct a municipal well. The defendant New York Casualty Company, hereinafter referred to as the surety, executed the performance bond to the village as surety for Layne. Upon completion of the well the village paid Layne $15,231, the contract price of the…