City of St. Paul v. Bielenberg

' Action to recover damages for the defendant’s breach of his contract to grade a street. There were findings for the plaintiff for $8,250. The defendant appeals from the order denying his motion for a new trial.

The court found that on August 7, 1906, the defendant entered into a written contract with the plaintiff city “to grade Livingston Avenue to the established grade from George Street to Winifred Street” in St. Paul, the work to be completed by August 1, 1909. The making of the contract is denied in the pleadings. The contract produced at the trial was executed by the plaintiff, but not…