STANDARD CONSTRUCTION CO. INC. v. National Tea Co.

240 Minn. 422 (1953)

STANDARD CONSTRUCTION COMPANY, INC.,

v.

NATIONAL TEA COMPANY AND OTHERS.[1]

No. 35,845.

Supreme Court of Minnesota.

December 11, 1953.

Best, Flanagan, Rogers, Lewis & Simonet, for appellants.

Bauers & Carlson, for respondent.

FRANK T. GALLAGHER, JUSTICE.

This was an action by Standard Construction Company, Inc., referred to hereinafter as Standard, to foreclose a mechanic's lien for $11,268.47, in which defendant National Tea Company, referred to hereinafter as National, counterclaimed for $180,333.26 allegedly paid under protest in excess of the amount due plaintiff. The case was…