Wilcox Lumber Co. v. School District No. 268
Supreme Court of Minnesota
Action in the district court for Becker county to recover $312.19, a balance due for material furnished to the contractor of defendant’s school building'. The case was tried before Baxter, J., who directed the jury to return a verdict in favor of the plaintiff. From the judgment entered thereon, defendant appealed.
1Opinion of the CourtBrown, J.
In September, 1905, the board of education of school district No. 268 of Otter Tail county entered into a contract with one Phelps for the erection and construction of a schoolhoúse for the district. The contractor executed and filed with the board a bond, as required by the provisions of chapter 321, p. 535, Laws 1901 (sections 4535, 4536, *44R. R. 1905), but it was not in conformity with the terms of the statute, in that it contained no provisions obligating the contractor to pay for work, labor, or material employed and used in the performance of the contract. The contractor completed the…
2Cases cited5 opinions
- Brackett v. RichSupreme Court of Minnesota · 1877
- Campbell v. RoteringSupreme Court of Minnesota · 1889
- American Surety Co. of New York v. Board of County CommissionersSupreme Court of Minnesota · 1899
- Michaels v. McRoyMichigan Supreme Court · 1907
- Swenson v. Village of Bird IslandSupreme Court of Minnesota · 1904
3Cited by16 opinions
- Fay v. Bankers Surety Co.Supreme Court of Minnesota · 1914
- Pelton & King, Inc. v. Town of BethlehemSupreme Court of Connecticut · 1929
- Ceco Steel Products Corp. v. TapagerSupreme Court of Minnesota · 1940
- State ex rel. Morris v. ClarkSupreme Court of Minnesota · 1912
- Horton v. Crowley Electric Co.Supreme Court of Minnesota · 1909
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