Legal Opinion

Grams v. Murphy

Supreme Court of Minnesota

Decided January 31, 1908No. Nos. 15,388—(126)PublishedCited by 1 opinion

Action in the district court for Sibley county to recover $3,812 damages for failure to construct a certain ditch. The court, Morrison, J., granted defendants’ motion for judgment on the pleadings, for the reasons stated in the opinion. Trom the judgment entered in favor of defendants, plaintiff appealed.

1Opinion of the CourtLewis, J.

In September, 1903, the board of county commissioners of Sibley county, acting under the provisions of chapter 258, p. 413, Taws 1901, on the petition of plaintiff and other landowners, ordered the construction of a ditch for the purpose of draining certain lands. A contract for the work was awarded to defendants Murphy & Garrick, who entered into a contract for the performance thereof and executed a bond as provided by the act, with the other respondents as sureties. The work was not completed within the time fixed by the contract, and this action was brought to recover damages alleged to…

2Cases cited2 opinions

  1. State ex rel. Utick v. Board of County CommissionersSupreme Court of Minnesota · 1902
  2. Eidsvik v. FoleySupreme Court of Minnesota · 1906

3Cited by1 opinion

  1. State ex rel. Mason v. JacobsIndiana Supreme Court · 1924

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