Moore v. County of Ramsey
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $1,314.30 upon a contract for grading a certain road, also to have the contract amended by adding to the specifications attached thereto the words “There will be no allowance for overhaul on material moved two thousand feet, or less.”
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Action in the district court for Ramsey county to recover $1,314.30 upon a contract for grading a certain road, also to have the contract amended by adding to the specifications attached thereto the words “There will be no allowance for overhaul on material moved two thousand feet, or less.” The case was tried before Kelly, J., who made findings and ordered judgment in favor of plaintiff for $91.70. From an order denying plaintiff’s motion to set aside the decision and for a new trial, plaintiff appealed.
1Opinion of the CourtJaggard, J.
The main contention of plaintiff is that he should be allowed a reasonable sum, under a contract with defendant to grade a certain road above its level, for being compelled to haul clay and gravel required for the'work a greater distance than two thousand feet. The controversy turns on the following provision of the specifications: “There will be no allowance for overhaul on material moved 2,000 feet or less.” Inferentially there would be an, allowance for overhaul on material moved more than two thousand feet. Three sets of specifications were prepared — one for the use of the county auditor…
2Cases cited2 opinions
- Bell v. KirklandSupreme Court of Minnesota · 1907
- Kingsley v. AndersonSupreme Court of Minnesota · 1908
3Cited by7 opinions
- City of Minneapolis v. Republic Creosoting Co.Supreme Court of Minnesota · 1924
- Northland Produce Co. v. StephensSupreme Court of Minnesota · 1911
- City of Des Moines v. Welsbach Street Lighting Co.Court of Appeals for the Eighth Circuit · 1911
- State ex rel. Morris v. ClarkSupreme Court of Minnesota · 1912
- Frisch v. City of St. CharlesSupreme Court of Minnesota · 1926
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