Alden v. County of Todd
Supreme Court of Minnesota
Action in the district court for Todd county to reform a contract and to recover $4,224.50 under the contract as reformed. Defendant demurred to the complaint. The demurrer was overruled, Nye, J. The case was tried before Roeser, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. From the judgment entered pursuant to the order for judgment, defendant appealed.
1Opinion of the CourtHolt, J.
In the proceeding to establish a county ditch the benefits to the lands affected were estimated at $12,413.03, and the cost of the improvement at $7,709.75. Bids for the construction were advertised for and in the advertisement was this statement; “51,968 cubic yards to be removed. The estimated total cost of the work is $7,709.75.” Plaintiffs bid. The bid was not for so much per yard, but was for 26% per cent above the estimated cost, viz., for $9,750. It was accepted, and a contract with the county for the construction of the ditch was executed. Within a week ór so after beginning work, it…
2Cases cited11 opinions
- First National Bank v. Village of GoodhueSupreme Court of Minnesota · 1913
- Laird Norton Yards v. City of RochesterSupreme Court of Minnesota · 1912
- State ex rel. Arpin v. GeorgeSupreme Court of Minnesota · 1913
- Van Pelt v. BertilrudSupreme Court of Minnesota · 1912
- Merz v. County of WrightSupreme Court of Minnesota · 1911
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3Cited by10 opinions
- Mahnke v. Northwest Publications, Inc.Supreme Court of Minnesota · 1968
- Baxter v. Van HouterOhio Supreme Court · 1926
- Thompson v. Colfax CountyNebraska Supreme Court · 1921
- Aastad v. Board of County CommissionersSupreme Court of Minnesota · 1961
- Cement Products Co. v. County of MartinSupreme Court of Minnesota · 1919
5 more not listed; retrieve them via the Exa API.