Breen Stone Co. v. W. F. T. Bushnell Co.
Supreme Court of Minnesota
Action in the district court for Bamsey county to recover $368.01, balance alleged to be due upon the purchase price of certain cut stone. The substance of the pleadings is given in the opinion (page 286). The case was tried before Dickson, J., and a jury which returned a verdict in favor of plaintiff for $355.37. Erom an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.
1Opinion of the CourtPhilip E. Brown, J.
In 1910, the defendant erected a building in Aberdeen, South Da*284lcota, known as the Dakota Farmer Building; the plans and specifications therefor being prepared by Ellerbe & Bound, a firm of architects of St. Paul, Minnesota, and the construction work being done by the Lepper Construction Company, under the supervision of one Arnold, the latter having been employed by the defendant to superintend such construction. On June 21, 1910, the plaintiff wrote the said Ellerbe & Bound as follows: “We will furnish all the cut stone for the new Dakota Farmer Building at Aberdeen, South Dakota, the same…
2Cases cited14 opinions
- Gaylord Manufacturing Co. v. . AllenNew York Court of Appeals · 1873
- Ashland Lime, Salt & Cement Co. v. ShoresWisconsin Supreme Court · 1899
- Walstrom v. Oliver-Watts Construction Co.Supreme Court of Alabama · 1909
- Marine Iron Works v. WiessCourt of Appeals for the Fifth Circuit · 1906
- Wisconsin Red Pressed-Brick Co. v. HoodSupreme Court of Minnesota · 1893
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3Cited by2 opinions
- Granette Products Co. v. Arthur H. Neumann & Co.Supreme Court of Iowa · 1925
- Lawson & Nelson Sash & Door Co. v. Kraus-Anderson of St. Paul Co.Supreme Court of Minnesota · 1968