Butler v. Bohn
Supreme Court of Minnesota
In April, 1881, the plaintiffs made a contract with the defendants, whereby the former agreed to do the general mason work required for the rebuilding of the north wing to the Minnesota State Hospital for the Insane at St. Peter, for the sum of $55,000. The work was duly completed and accepted, and this action was brought in the-district court for Winona county, to recover a balance owing on the contract, and for certain extra work, in connection therewith.
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In April, 1881, the plaintiffs made a contract with the defendants, whereby the former agreed to do the general mason work required for the rebuilding of the north wing to the Minnesota State Hospital for the Insane at St. Peter, for the sum of $55,000. The work was duly completed and accepted, and this action was brought in the-district court for Winona county, to recover a balance owing on the contract, and for certain extra work, in connection therewith. The plaintiffs, in their pleadings, admit payments amounting to $52,468.73, and the answer of defendants claims payments amounting to…
1Opinion of the CourtBerry, J.
This is an action for a balance due for work and materials. Whether defendants are entitled to a certain $5,000 item of credit is the principal matter in controversy. The trial court finds that they are entitled to it, and judgment was rendered accordingly. The finding Í3 in the form of an itemized statement of indebtedness and credits. As to the latter, the finding is, “that before the commencement of this action, the plaintiffs had been paid by the defendants upon said indebtedness, in money paid to and for them at their request, in merchandise and credits, all sanctioned by them, and…
2Cases cited3 opinions
- Van Slyke v. . HyattNew York Court of Appeals · 1871
- Sermont v. BaetjerNew York Supreme Court · 1867
- Sharp v. WrightNew York Supreme Court · 1861
3Cited by10 opinions
- Conlan v. GraceSupreme Court of Minnesota · 1886
- Nusbaum v. Hartford Fire Ins.Supreme Court of Pennsylvania · 1923
- Heidlebaugh v. MillerCalifornia Court of Appeal · 1954
- Lindquist v. GibbsSupreme Court of Minnesota · 1913
- Wunder v. TurnerSupreme Court of Minnesota · 1912
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