Mason & Craig v. Heyward
Supreme Court of Minnesota
APPEAL PROM THE DISTRICT COURT OP RAMSEY COUNTY. The opinion of the Court contains a statement of the case. The following are the points and. authorities relied upon hy the Counsel for the Appellants: First. — That the taking possession of the building by Hey-ward without objection, was under the circumstances an acceptance of the work, as substantially performed under the contract.
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APPEAL PROM THE DISTRICT COURT OP RAMSEY COUNTY. The opinion of the Court contains a statement of the case. The following are the points and. authorities relied upon hy the Counsel for the Appellants: First. — That the taking possession of the building by Hey-ward without objection, was under the circumstances an acceptance of the work, as substantially performed under the contract. Second. — That the facts found by the referee as shown by his report, show a substantial performance of the work under the contract by the Plaintiffs below and Appellants here. Third. — That the Defendant has by…
1Opinion of the Court
By ihe Oourt
— Atwater, J.
The Plaintiffs, Mason & Craig, bring their action in the Court below against Heyward, the defendant, on a special contract for the erection of a certain building for the Defendant in St. Paul. They allege performance of the contract on their part, and claim a balance from the defendant of $1,225.61. The Defendant denies in part the contract as set forth in the complaint, and sets up the contract which he says was made with the Plaintiffs for the erection of the building mentioned in the complaint, and sets up as a counter claim damages sustained by him for the default…
2Cases cited2 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Shelby v. BaconSupreme Court of the United States · 1850
3Cited by10 opinions
- People ex rel. Raster v. HealyIllinois Supreme Court · 1907
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Paine v. SherwoodSupreme Court of Minnesota · 1875
- Paine v. SherwoodSupreme Court of Minnesota · 1872
- Steele v. EtheridgeSupreme Court of Minnesota · 1870
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