Sang v. Duluth City
Supreme Court of Minnesota
Appeal by defendant, the City of Duluth, from an order of the District Court of St. Louis County, J. D. Ensign, J., made January 6, 1894, overruling its demurrer to the complaint.
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Appeal by defendant, the City of Duluth, from an order of the District Court of St. Louis County, J. D. Ensign, J., made January 6, 1894, overruling its demurrer to the complaint. The plaintiffs, David Sang and Alexander Sang, made a contract August 15, 1892, with the Village of West Duluth to grade, curb and pave Sixth street south between Grand and Eighth Avenues in that village and complete the work by October 1, 1S92. They were to be paid therefor certain prices according to measurement of quantity. The St. Paul and Duluth Railroad tracks and right of way crossed Sixth street between…
1Opinion of the CourtCanty, J.
This is an appeal from an order overruling a demurrer to the complaint, which alleges that the plaintiff entered into a contract with the village of West Duluth, a village organized under the general laws of this state; that by said contract plaintiff *83agreed to grade, pave, and otherwise improve a certain street in the village, and the village agreed to pay him therefor according to a stated schedule of prices for the different kinds of work; that the street crossed the right of way of a certain railroad company, and the village had never acquired any right of way for said street across such…
2Cited by4 opinions
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- Harrison v. Palo Alto CountySupreme Court of Iowa · 1898
- Keough v. City of St. PaulSupreme Court of Minnesota · 1896
- Sandeen v. County of RamseySupreme Court of Minnesota · 1910