Gillette-Herzog Manufacturing Co. v. Board of County Commissioners
Supreme Court of Minnesota
Action in the district court for Aitkin county to recover the contract price of building a bridge across the Mississippi river at Aitkin. A written contract was entered into between the parties in November, 1895. The consideration agreed to be paid was $9,154, of which one-half was to be paid when the material was on the ground, and the other half when the bridge was completed.
Read the full summary
Action in the district court for Aitkin county to recover the contract price of building a bridge across the Mississippi river at Aitkin. A written contract was entered into between the parties in November, 1895. The consideration agreed to be paid was $9,154, of which one-half was to be paid when the material was on the ground, and the other half when the bridge was completed. The bridge was completed and accepted by appellant in writing on April 8, 1896, and at once opened for public travel, and has ever since been so used. Of the contract price $4,500 was actually paid some time during the…
1Opinion of the CourtCollins, J.
The first point urged by defendant’s counsel is that plaintiff’s claims or accounts were not verified in accordance with the provisions of G-. S. 1894, § 687, when presented to and acted upon by defendant board, the exact point being that it was not stated in or shown by the written verifications that Bayne, who made them, was plaintiff’s agent at the time. The statute requires the verification to be made by the party in whose favor the claim or account is presented, or by his agent. Here the verification was made by Bayne, who, in behalf of plaintiff, and as its agent, entered into the…
2Cases cited1 opinion
- West v. BergSupreme Court of Minnesota · 1896
3Cited by7 opinions
- Ingelson v. OlsonSupreme Court of Minnesota · 1937
- Reed v. City of AnokaSupreme Court of Minnesota · 1902
- Sayles v. City of AbileneCourt of Appeals of Texas · 1926
- Territory ex rel. Bailey v. GayHawaii Supreme Court · 1922
- Bloomquist v. County of WashingtonSupreme Court of Minnesota · 1907
2 more not listed; retrieve them via the Exa API.