Northwestern Marble & Tile Co. v. Swenson
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $2,657 fox work and material furnished. The facts are stated in the opinion. The ease was tried before Olin B. Lewis, J., who when plaintiff rested dismissed the case. Prom an order granting, plaintiff’s motion for a new trial, defendant appealed.
1Opinion of the CourtHallam, J.
Plaintiff, in its complaint, alleged a cause of action to recover the reasonable value of labor and material furnished to defendant, at his instance and request. Defendant, in his answer, admitted that plaintiff furnished certain labor and material to defendant, but alleged that the same were furnished under a written contract which the plaintiff failed to fully perform. Plaintiff replied, admitting that the labor and material were furnished under a written contract and alleged the contract was fully performed.
When the case came on for trial plaintiff ignored the admitted contract and offered…
2Cases cited14 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- Felton v. DickinsonMassachusetts Supreme Judicial Court · 1813
- Williams v. ShermanNew York Supreme Court · 1831
- Concord Apartment House Co. v. O'BrienIllinois Supreme Court · 1907
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3Cited by10 opinions
- Schimmelpfennig v. GaedkeSupreme Court of Minnesota · 1947
- James E. Carlson, Inc. v. BablerSupreme Court of Minnesota · 1919
- State v. GilbertSupreme Court of Minnesota · 1918
- Wallace Plumbing Co. v. DillonSupreme Court of Colorado · 1922
- Hawley v. Town of StuntzSupreme Court of Minnesota · 1929
5 more not listed; retrieve them via the Exa API.