Cement Products Co. v. County of Martin
Supreme Court of Minnesota
Action in the district court for Martin county against defendant county, its auditor, the engineer of the ditch in question, and the surety company upon the engineer’s bond, to recover $3,000 for false representations in the notice for bids f oi^the construction of Judicial Ditch No. 37 regarding the nature of the soil. The separate demurrers of defendants to the complaint were sustained, Dean, J. From the order sustaining the demurrers, plaintiff appealed.
1Opinion of the CourtQuiNN, J.
Demurrer by the defendants separately to the complaint upon the ground that it does not state facts sufficient to constitute a cause of action. From an order sustaining each demurrer plaintiff appealed.
Defendant Brown was appointed official engineer in Judicial Ditch Proceeding No. 37 of Martin county. He duly qualified with the defendant American Surety Company as surety on his bond in the sum of $5,000. Brown made a survey of the system and filed his report thereof as required by law. A final hearing was had and an order made and filed establishing the drainage system as an all tile…
2Cases cited7 opinions
- Dosdall v. County of OlmstedSupreme Court of Minnesota · 1882
- Swift v. Sarpy CountyNebraska Supreme Court · 1918
- Merz v. County of WrightSupreme Court of Minnesota · 1911
- Alden v. County of ToddSupreme Court of Minnesota · 1918
- Sanitary Dist. of Chicago v. RickerCourt of Appeals for the Seventh Circuit · 1899
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3Cited by4 opinions
- Thompson v. Colfax CountyNebraska Supreme Court · 1921
- Defiel v. County of ClaySupreme Court of Minnesota · 1926
- Hemze v. County of RenvilleSupreme Court of Minnesota · 1959
- Lahti v. Duluth, Missabe & Northern Railway Co.Supreme Court of Minnesota · 1923