City of Fergus Falls v. Illinois Surety Co.
Supreme Court of Minnesota
Action in the district court for Otter Tail county to recover $16,-097.35 upon a bond executed to secure to plaintiff the performance of a contract for' the erection of an electric lighting plant and dam.
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Action in the district court for Otter Tail county to recover $16,-097.35 upon a bond executed to secure to plaintiff the performance of a contract for' the erection of an electric lighting plant and dam. The complaint, in addition to the allegations contained in the opinion, stated that the work done by the contractor amounted to $17,-433.70, and payments to him to $13,075.35; that he abandoned the work in November, 1907, and the mayor and common council relet the work in the manner provided by the city charter in two contracts, one for $40,000 and the other for $4,382. The answer set up…
1Opinion of the CourtO’Brien, J.
One Cortlandt F. Ames entered into a contract with plaintiff for the construction by him of a concrete dam and power house in the city of Fergus Falls, according to plans and specifications prepared by Bussell S. Feurtado, engineer, for the sum of $47,235. The fifteenth paragraph of the contract was as follows: “The contractor shall be entitled to and receive payments from estimates on his contract during the progress of the work. Said estimate to be made every two weeks by the consulting engineer, and approved by at least two members of the water and light commission, and said payments shall…
2Cases cited5 opinions
- George A. Hormel & Co. v. American Bonding Co.Supreme Court of Minnesota · 1910
- Brandrup v. Empire State Surety Co.Supreme Court of Minnesota · 1910
- American Bonding Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1909
- Chesapeake Transit Co. v. MottCourt of Appeals for the Third Circuit · 1909
- Allen v. EnerothSupreme Court of Minnesota · 1910
3Cited by4 opinions
- Peerless Insurance Co. v. Cerny & Associates, Inc.District Court, D. Minnesota · 1961
- Allen v. EnerothSupreme Court of Minnesota · 1912
- Coyle v. United States Gypsum Co.Supreme Court of Oklahoma · 1917
- Balboa Insurance v. Fulton CountyCourt of Appeals of Georgia · 1978