Noyes v. Butler Bros.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $1,041.08 for glass sold and delivered. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiffs for $496.00. Plaintiffs moved for judgment for the sum demanded notwithstanding the verdict, or for a new trial; defendant moved for judgment in favor of plaintiff for $350.16, notwithstanding the verdict.
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Action in the district court for Ramsey county to recover $1,041.08 for glass sold and delivered. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiffs for $496.00. Plaintiffs moved for judgment for the sum demanded notwithstanding the verdict, or for a new trial; defendant moved for judgment in favor of plaintiff for $350.16, notwithstanding the verdict. From an order denying the motions for judgment but granting the motion for a new trial, both parties appealed.
1Opinion of the CourtLewis, J.
Defendant entered into a contract with the Board of Capitol Commissioners for the construction of the north wing and remodeling certain parts of the State Capitol at Bismarck, North Dakota, according to certain plans and specifications, which contained the following clause:
*449The contractor shall allow and include in his bid $5 per square foot for the art glass, which shall include the large circular transoms in House chamber and art glass back of speaker’s desk; but the Capitol Board, with the architect, shall have the right to select and purchase the art glass.
Upon application the plaintiffs…
2Cases cited2 opinions
- Short v. Van DykeSupreme Court of Minnesota · 1892
- Shaw v. First Baptist Church of WinonaSupreme Court of Minnesota · 1890
3Cited by7 opinions
- Arrow Sheet Metal Works, Inc. v. Bryant & Detwiler Co.Michigan Supreme Court · 1953
- Westinghouse Electric Supply Company v. Fidelity And Deposit Company Of MarylandCourt of Appeals for the Third Circuit · 1977
- Díaz & Morey, Inc. v. BáezSupreme Court of Puerto Rico · 1963
- Ingersoll-Rand Co. v. United States Fidelity & Guaranty Co.Supreme Court of New Jersey · 1918
- Koch Sand & Gravel Co. v. Koss Construction Co.Supreme Court of Iowa · 1935
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