George C. Lauer Stone & Construction Co. v. Armour & Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $17,1.00. The facts will he found in the opinion. The case was tried before Dickson, J., who before the introduction of testimony denied defendant’s miotion to dismiss the action because the complaint was on an implied agreement to pay $100 a day when the action was clearly one on an express agreement, and at the close of the testimony, directed a verdict in favor of defendant..
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Action in the district court for Ramsey county to recover $17,1.00. The facts will he found in the opinion. The case was tried before Dickson, J., who before the introduction of testimony denied defendant’s miotion to dismiss the action because the complaint was on an implied agreement to pay $100 a day when the action was clearly one on an express agreement, and at the close of the testimony, directed a verdict in favor of defendant.. From an order denying its motion for a new' trial, plaintiff appealed.
1Opinion of the CourtBrown, C. J.
In the construction of buildings forming its packing plant in South St. Paul, defendant required, as necessary building material, large quantities of- crushed rock for use in the concrete part of the work. - Plaintiff was the owner of a stone quarry a few miles north of South St. Paul where the material could be had. Negotiations between the parties resulted on August 13, 1918, in a lease of the quarry with equipment to defendant for such time as might be necessary from the operation thereof to produce the material in the quantity required. In consideration of the grant defendant agreed to…
2Cases cited2 opinions
- Gardner v. Board of County CommissionersSupreme Court of Minnesota · 1874
- Williams v. Foss-Armstrong Hardware Co.Wisconsin Supreme Court · 1908