Legal Opinion

Dawson v. Northwestern Contruction Co.

Supreme Court of Minnesota

Decided July 6, 1917No. Nos. 20,262, 20,392, 20,452 — (60, 209, 232)PublishedCited by 13 opinions

Action in the district court for Itasca county against Northwestern Construction Company and Maryland Surety Company to recover $15,489.09 for work done upon State Eoad No. 2 under plaintiff’s contract with the construction company. Defendant county of Itasca filed its answer, and its prayer that it be allowed to pay $15,701.05 into court and the various claimants for the money, be substituted as defendants, was granted.

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Action in the district court for Itasca county against Northwestern Construction Company and Maryland Surety Company to recover $15,489.09 for work done upon State Eoad No. 2 under plaintiff’s contract with the construction company. Defendant county of Itasca filed its answer, and its prayer that it be allowed to pay $15,701.05 into court and the various claimants for the money, be substituted as defendants, was granted. The case between plaintiff and the .construction and surety companies was tried before Wright, J., and a jury which returned a verdict for $14,594.64 in favor of plaintiff.…

1Opinion of the CourtBunn, J.

Defendant Northwestern Construction Company, a copartnership, contracted with the county of Itasca for the construction of State Road No. 2. Plaintiff, L. W. Dawson, contracted with the construction company to build sections B and C of this road in accordance with the original plans and specifications, except that plaintiff was to receive 30 cents per cubic yard for earth moved 500 feet or less, and one cent per cubic yard for each 100 feet such earth was hauled over 500 feet. These prices were somewhat less than those specified to be received from the county-by the construction company.…

2Cases cited5 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. LoveSupreme Court of Arkansas · 1905
  2. Miller v. American Bonding Co.Supreme Court of Minnesota · 1916
  3. Eastern Texas Railway Co. v. FoleyCourt of Appeals of Texas · 1902
  4. McKinnon v. Red River Lumber Co.Supreme Court of Minnesota · 1912
  5. Sepp v. McCannSupreme Court of Minnesota · 1891

3Cited by13 opinions

  1. Franzen v. Southern Surety Co.Wyoming Supreme Court · 1926
  2. Denney v. Spot Martin, Inc.Missouri Court of Appeals · 1959
  3. Fulghum & Union Indemnity Co. v. StateSupreme Court of Florida · 1926
  4. McCree & Company v. StateSupreme Court of Minnesota · 1958
  5. Clifton v. NordenSupreme Court of Minnesota · 1929

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