St. Paul Foundry Co. v. Burnstad School District No. 31

This case is a sequel to St. Paul Foundry Co. v. Burnstad School Dist. 67 N. D. 61, 269 N. W. 738. When the plaintiff was unable to recover upon the contract, for the reason set forth in the case cited, it commenced this action in March, 1937, to recover possession of the structural steel involved “in the event the possession can be obtained, and, if the possession thereof cannot be obtained, for its value in the sum of $732.03;” alleging in the complaint that this property came into the possession of the defendant in 1929, and “the defendant took said property for a public use, to wit: the…