Charles Betcher Lumber Co. v. City of Hastings
Supreme Court of Minnesota
Action in the district court for Dakota county against defendant Erickson, the city of Hastings and United States Fidelity & Guaranty Company to recover $1,056.60 for material furnished defendant Erickson in connection with a certain contract between him and defendant city. The answer of defendant city alleged that it had paid defendant Erickson in full.
Read the full summary
Action in the district court for Dakota county against defendant Erickson, the city of Hastings and United States Fidelity & Guaranty Company to recover $1,056.60 for material furnished defendant Erickson in connection with a certain contract between him and defendant city. The answer of defendant city alleged that it had paid defendant Erickson in full. The answer of defendant surety company alleged that it was informed defendant city had not paid defendant Erickson the contract price in full and that there was due from the city to him more than the amount claimed by plaintiff. The case was…
1Opinion of the CourtBrown, C. J.
The sole question presented on this appeal is whether the trial court’s findings of fact support its conclusions of law and the judgment rendered thereon against defendant city of Hastings. There is no settled case or bill of exceptions, but the facts as disclosed by the pleadings and findings are as follows:
Defendant city owns a hospital building and at the time stated in the complaint, May 1, 1913, entered into a contract with defendant Erickson for remodeling and repairing the same. Erickson was to furnish all labor and material, and to receive a stated compensation for the completed work.…
2Cases cited3 opinions
- Peach v. ReedSupreme Court of Minnesota · 1902
- Olson v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1888
- Ahlberg v. Swedish-American BankSupreme Court of Minnesota · 1892
3Cited by4 opinions
- State Ex Rel. Yapp v. ChaseSupreme Court of Minnesota · 1925
- Pike Rapids Power Co. v. Minneapolis, St. P. & S. S. M. R. Co.Court of Appeals for the Eighth Circuit · 1938
- Union Central Life Ins. Co. v. PageSupreme Court of Minnesota · 1933
- Union Central Life Insurance v. PageSupreme Court of Minnesota · 1933