Legal Opinion · Dissent

Delyea v. Turner

Supreme Court of Minnesota

Decided November 16, 1962No. 38,216Published

1DissentThomas Gallagher, Justice

The evidence upon which the court found that plaintiff had agreed to complete the entire project in accordance with defendant’s requirements for $4,000 included an unsigned statement dated November 6, 1958, furnished to defendant by plaintiff as follows:

“Wykoff, Minnesota 11-6, 1958
“Earl Turner

$ $ * $ *

“Wykoff Lumber Company

sji # #

“45' x 75' 20x30 2 8 x 26

Pole Bldg. $4000.00

Holding Area

Parlor

Footing & Setting of Stalls

Partition Wall

Remove Tower

Sewer System

Water System

Fix over Stalls for overhead Feeding

Provide 10% floor area for Sidewall Lights.”

Testimony with respect to this statement…

2Cases cited8 opinions

  1. McCreight v. Davey Tree Expert Co.Supreme Court of Minnesota · 1934
  2. Merchants National Bank v. BryngelsonSupreme Court of Minnesota · 1924
  3. Shinners v. FordSupreme Court of Minnesota · 1922
  4. Aaby v. Better Builders, Inc.Supreme Court of Minnesota · 1949
  5. Ternes v. WestbergSupreme Court of Minnesota · 1956

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