Schwartz v. Church of Holy Cross
Supreme Court of Minnesota
Appeal by plaintiffs from an order of the district court for Hennepin county, Jamison, J., granting defendant’s motion for a new trial.
1Opinion of the CourtMitchell, J.
This action, which was brought to recover the contract price of three altars constructed for defendant, and set up in its church, was tried and submitted to the jury entirely upon the issues — First, whether the altars were a substantial performance of the contract between the parties; and if not, second, whether the defendant had accepted them as such. The trial court set aside a verdict in favor of the plaintiffs, and the only question on this appeal is whether the preponderance of evidence upon either or both of these issues was so “manifestly and palpably” in favor of the verdict that it…
2Cited by9 opinions
- J. L. Owens Co. v. Leland Farmers Elevator Co.Supreme Court of Iowa · 1924
- Mobile Fruit & Trading Co. v. McGuireSupreme Court of Minnesota · 1900
- Lieb Packing Co. v. TrockeSupreme Court of Minnesota · 1917
- Tri-State Terminal Co. v. Washington Wheat Growers Ass'nWashington Supreme Court · 1925
- Breen Stone Co. v. W. F. T. Bushnell Co.Supreme Court of Minnesota · 1912
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