Patterson v. Barber Asphalt Paving Co.
Supreme Court of Minnesota
Action in the district court for Blue Earth county by plaintiffs, •resident taxpayers of the city of Mankato, to cancel a contract for street paving made between defendants Barber Asphalt Paving Company and City of Mankato; to restrain defendant paving company from •performing the work called for by the contract; and to restrain defendant city and its officers from making any payments under such contract • and from levying or collecting any assessments or issuing any…
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Action in the district court for Blue Earth county by plaintiffs, •resident taxpayers of the city of Mankato, to cancel a contract for street paving made between defendants Barber Asphalt Paving Company and City of Mankato; to restrain defendant paving company from •performing the work called for by the contract; and to restrain defendant city and its officers from making any payments under such contract • and from levying or collecting any assessments or issuing any evidences -of indebtedness to provide funds for the payment of such work. The ■case was tried before Lorin Cray, J., who found…
1Opinion of the Court
LOVELY, J.2
A former appeal of this case will be found reported in 94 Minn. 39, 101 N. W. 1064, and a supplemental opinion denying an application for reargument in 94 Minn. 43, 102 N. W. 176, where the facts are fully stated. That appeal was from an order • overruling a demurrer to plaintiff’s reply, but the history of the litigation and all material facts are there given. It would serve no useful purpose to restate them, and it is sufficient for present purposes to refer to the former opinion. After the cause was remanded, it was tried below on its merits, plaintiff and defendant city had…
2Cases cited3 opinions
- Diamond v. City of MankatoSupreme Court of Minnesota · 1903
- City of St. Paul v. MullenSupreme Court of Minnesota · 1880
- Patterson v. Barber Asphalt Paving Co.Supreme Court of Minnesota · 1904
3Cited by1 opinion
- State ex rel. Lownsberry v. District CourtSupreme Court of Minnesota · 1907