Spear v. Snider
Supreme Court of Minnesota
Appeal by defendant from an order of the municipal court of Minneapolis, refusing a new trial.
1Opinion of the CourtBerry, J.
Plaintiffs and defendants entered into a written agreement, whereby the former undertook to bore and curb five wells for the latter, at one dollar per foot, and also to furnish, for the same, pipe at 35 cents per foot, and pumps and other appliances at prices specified for each separately. It was further stipulated in the agreement that, “in case of failure to get good supply of water,” plaintiffs should have “no pay.” The agreement was not an entire one, to be performed for a lump price, but, especially in view of the stipulation last mentioned, it was severable; that is to say, it was an…
2Cited by11 opinions
- Ylijarvi v. BrockphalerSupreme Court of Minnesota · 1942
- McGrath v. CannonSupreme Court of Minnesota · 1893
- Stauff v. BingenheimerSupreme Court of Minnesota · 1905
- Thompson v. FeslerIndiana Court of Appeals · 1919
- Henry Simons Lumber Co. v. SimonsSupreme Court of Minnesota · 1950
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