Griggs v. City of St. Paul
Supreme Court of Minnesota
Appeal by defendant, the City of St. Paul, from an order of the District Court of Ramsey County, William Louis Kelly, J., made July 1, 1893, denying its motion for a new trial. On June 22, 1891, Frank P. McCann’s bid of $2,933.33, for grading Park Avenue from Sherburne Avenue to Arch Street in St. Paul had been accepted and the work awarded to him by the Board of Public Works. The contract was being prepared and he was about to commence the work.
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Appeal by defendant, the City of St. Paul, from an order of the District Court of Ramsey County, William Louis Kelly, J., made July 1, 1893, denying its motion for a new trial. On June 22, 1891, Frank P. McCann’s bid of $2,933.33, for grading Park Avenue from Sherburne Avenue to Arch Street in St. Paul had been accepted and the work awarded to him by the Board of Public Works. The contract was being prepared and he was about to commence the work. On that day he gave William Van Slyke an order on the City for $250, copied in the opinion, and it was filed that day with the City Comptroller. The…
1Opinion of the CourtMitchell, J.
The short facts of this case are that on June 23d one McCann entered into a contract with the city to grade Park avenue, for an agreed price.
On June 22d he executed to one Yan Slyke an order in the following words:
“June 22, 1891. To the City of St. Paul: Pay to Wm. A. Yan Slyke two hundred and fifty dollars, and deduct that amount from any money which may be due me on account of the grading of Park avenue. Frank P. McCann.”
Yan Slyke filed the order with the city comptroller. Subsequently, McCann assigned his money then due or to become due on this contract to the plaintiff, who filed the…
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