Dunn v. Barton
Supreme Court of Minnesota
Appeal by defendant from a judgment of the municipal court of St. Paul in favor of the plaintiff James M. Hutchinson. The complaint alleges a written contract between the plaintiff Dunn and the defendant, by which the former agreed to do certain cement-work and plastering for the latter, at the agreed price of $125 for the cement-work and specified rates per yard for the plastering.
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Appeal by defendant from a judgment of the municipal court of St. Paul in favor of the plaintiff James M. Hutchinson. The complaint alleges a written contract between the plaintiff Dunn and the defendant, by which the former agreed to do certain cement-work and plastering for the latter, at the agreed price of $125 for the cement-work and specified rates per yard for the plastering. It further alleges full performance of all the work and acceptance by defendant,, except that defendant prevented Dunn from doing part of the cement-work, which he was willing and ready to do. • It also alleges an…
1Opinion of the CourtCollins, J.
It is admitted in the complaint herein that the written contract between plaintiff’s assignor and the defendant, a copy of which is made a part of the pleading, was not fully completed, because it is alleged the defendant refused to allow the work (cementing a cellar for a stated sum of money) to be finished. There is no averment in the pleading under which plaintiff could be permitted to show the difference between the contract price and what it would have cost his assignor to have performed the contract, together with such sums of money as the contractor had expended for materials which had…
2Cases cited3 opinions
- Benjamin v. LevySupreme Court of Minnesota · 1888
- Glaspie v. GlassowSupreme Court of Minnesota · 1881
- Pevey v. Schulenburg & Boeckeler Lumber Co.Supreme Court of Minnesota · 1884
3Cited by2 opinions
- Decatur County v. Praytor, Howton & Wood Contracting Co.Supreme Court of Georgia · 1927
- Mundal v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1904