Lowry v. City of Duluth
Supreme Court of Minnesota
Defendant city being indebted to Oscar H. Anderson in the sum of $3,239.26 upon a completed contract for the construction of sidewalks, the latter assigned his claim to plaintiff who thereafter presented the account to the common council together with the requisite bond and an affidavit that all bills for labor and material used in the performance of the contract had been settled.
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Defendant city being indebted to Oscar H. Anderson in the sum of $3,239.26 upon a completed contract for the construction of sidewalks, the latter assigned his claim to plaintiff who thereafter presented the account to the common council together with the requisite bond and an affidavit that all bills for labor and material used in the performance of the contract had been settled. The common council having approved said account and directed that the same be paid, defendant city appealed to the district court for St. Louis county. Issues were framed and the case was tried before Cant, J., who…
1Opinion of the Court
START, O. J.
On July 16, 1903, a contract was made between the city of Duluth and Oscar H. Anderson, hereafter referred to as the contractor, whereby he agreed to construct for the city certain .cement walks during the year 1903. He entered upon the performance of his contract, and completed the work in substantial compliance with the terms thereof on November 15, 1903. Thereafter, and on December 8, 1903, he assigned to the plaintiff all of his rights under the contract, including all money due or to become due thereon, and authorized and directed its payment to the plaintiff, John Lowry. On…
2Cases cited6 opinions
- Hammond v. Mason & Hamlin Organ Co.Supreme Court of the United States · 1876
- Schultz v. Citizens' Mutual Life Ins.Supreme Court of Minnesota · 1894
- Staples v. LewisSupreme Court of Connecticut · 1898
- Walter v. HenselSupreme Court of Minnesota · 1889
- Willoughby v. St. Paul German InsuranceSupreme Court of Minnesota · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Dixon-Reo Co. v. Horton Motor Co.North Dakota Supreme Court · 1922
- Welles v. Portuguese-American BankCourt of Appeals for the Ninth Circuit · 1914
- Marion v. VaughnMichigan Court of Appeals · 1968
- Marion v. VaughnMichigan Court of Appeals · 1968