Siebert v. Leonard
Supreme Court of Minnesota
The complaint sets forth a sealed contract between the parties, bearing date August 18, 1868, by which plaintiff agreed “to do or cause to be done all the excavation and masonry, including all brick and stone work, furnishing all material for the same, except cut stone, for the erection and completion of a three-story business house now about to be' erected on Minnesota street, between Third and Fourth streets, in said city of St. Paul, for Messrs.
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The complaint sets forth a sealed contract between the parties, bearing date August 18, 1868, by which plaintiff agreed “to do or cause to be done all the excavation and masonry, including all brick and stone work, furnishing all material for the same, except cut stone, for the erection and completion of a three-story business house now about to be' erected on Minnesota street, between Third and Fourth streets, in said city of St. Paul, for Messrs. J. A. & W. M. Stees, and in accordance with plans, specifications and details of the same, with such changes as are mentioned in such,…
1Opinion of the Court
Cornell, J.1
This case has been in this court once before, on a demurrer to the complaint, at which time the character and sufficiency of the cause of action therein stated, and the issues tendered, were fully considered and determined. 17 Minn. 433. It was then held that the action was not brought upon the contract between the parties, either as originally made or subsequently modified, but was in the nature of an action upon a quantum meruit and quantum valebant, in which the plaintiff sought to recover the reasonable value of the labor performed and materials furnished by him, and that the…
2Cases cited1 opinion
- Siebert v. LeonardSupreme Court of Minnesota · 1871
3Cited by11 opinions
- Buzard & Hilliard v. McAnulty & MostyTexas Supreme Court · 1890
- Carlson v. FredsallSupreme Court of Minnesota · 1949
- Donea v. Massachusetts Mutual Life Insurance Co.Supreme Court of Minnesota · 1945
- Larkin v. City of MinneapolisSupreme Court of Minnesota · 1910
- Carpenter v. Tri-State Telephone & Telegraph Co.Supreme Court of Minnesota · 1926
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