Morris v. St. Paul & Chicago Railway Co.
Supreme Court of Minnesota
Plaintiff brought this action in the court of common pleas-for Kamsey county, to recover the sum of $22,600, being the unpaid balance of the sum of $65,000, alleged in the complaint to be the reasonable value of work done and materials furnished in the construction of a portion of defendant’s railway.
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Plaintiff brought this action in the court of common pleas-for Kamsey county, to recover the sum of $22,600, being the unpaid balance of the sum of $65,000, alleged in the complaint to be the reasonable value of work done and materials furnished in the construction of a portion of defendant’s railway. The answer admits the performance of the-work and the furnishing of the materials, denies that they were worth more than $47,593, and alleges that sum to have-been paid by defendant, and received by plaintiff, in full payment for all such labor and materials. For a second defence, the answer…
1Opinion of the CourtBerry, J.
Upon mature consideration, we can, find nothing which would justify us in reversing the order denying a new trial in this case. We have reached this conclusion with much hesitation ; for in view of what seems to us to be a great preponderance of the evidence, (as it appears upon paper,) against the plaintiff, we are compelled to say that if it were for us to render a verdict, we should be slow to find against the defendant. But it does not follow that it is our duty to set aside the verdict. The case was, (for •aught that appears,) fairly tried by a struck jury called at •defendant’s request.…
2Cases cited3 opinions
- Ryan v. . WardNew York Court of Appeals · 1872
- Kellogg v. RichardsNew York Supreme Court · 1835
- Coon v. . KnapNew York Court of Appeals · 1854
3Cited by9 opinions
- Coffin v. BradburyIdaho Supreme Court · 1894
- Cummings v. BaarsSupreme Court of Minnesota · 1887
- Morse v. RiceNebraska Supreme Court · 1893
- Ramsdell v. ClarkMontana Supreme Court · 1897
- Prairie School Township v. HaseleuNorth Dakota Supreme Court · 1893
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