Tracy Cement Tile Co. v. City of Tracy
Supreme Court of Minnesota
Action in the district court for Lyon county to recover $3,817.66 for breach of contract. The answer alleged among other matters that the execution of the contract by defendant city was not authorized by any of the provisions of the city charter or the laws of Minnesota, and defendant had no power or authority to enter into or execute such contract.
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Action in the district court for Lyon county to recover $3,817.66 for breach of contract. The answer alleged among other matters that the execution of the contract by defendant city was not authorized by any of the provisions of the city charter or the laws of Minnesota, and defendant had no power or authority to enter into or execute such contract. The case was tried before Olsen, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and at the close of the testimony defendant’s motion for a directed verdict, and a jury which returned a verdict for $962.40.…
1Opinion of the CourtHallam, J.
The city of Tracy, for some years, operated a municipal water and light plant, using steam for power. In October, 1911, it entered into a contract with plaintiff, by which it agreed to furnish plaintiff the exhaust steam from its plant for a period of three years at $20 a month. Upon the expiration of this contract negotiations were begun for a new contract and in October, 1914, a new contract was entered into for three *417years at $30 a month. The city continued to furnish its exhaust steam until November, 1915, at which time it sold its water and light plant to a private corporation. This…
2Cases cited35 opinions
- Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
- Chippewa Bridge Co. v. City of DurandWisconsin Supreme Court · 1904
- Norwalk Gaslight Co. v. Borough of NorwalkSupreme Court of Connecticut · 1893
- Bell v. KirklandSupreme Court of Minnesota · 1907
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3Cited by10 opinions
- Los Angeles Dredging Co. v. City of Long BeachCalifornia Supreme Court · 1930
- Northwestern Bell Telephone Co. v. Board of CommissionersNorth Dakota Supreme Court · 1973
- Merrill v. City of LowellMassachusetts Supreme Judicial Court · 1920
- State Ex Rel. Peterson v. HoppeSupreme Court of Minnesota · 1935
- Williams v. KlemmerSupreme Court of Minnesota · 1929
5 more not listed; retrieve them via the Exa API.