Barber Asphalt Paving Co. v. City of St. Paul
Supreme Court of Minnesota
Action in the district court for Eamsey county to recover $1,100, the proceeds of two cheeks accompanying plaintiff’s bids for furnishing asphalt misappropriated by defendant. The case was tried before Dickson, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. Defendant’s motion for amended findings was granted in part. From the judgment entered pursuant to the order for judgment, defendant appealed.
1Opinion of the CourtHolt, J.
The city council of St. Paul, by separate orders, directed portions of Holly and Portland avenues to be resurfaced, the work to be done by the commissioner of public works and the needed material to be purchased. By advertisement, dated August 8, 1913, separate bids were invited for the furnishing of 170 tons of asphalt for the Holly avenue job and 175 tons for the Portland avenue. Plaintiff responded with a bid for each job at the price of $19.50 per ton, each bid being accompanied with a certified check in the sum of $550. Plaintiff’s proposals were accepted, but it declined to enter a…
2Cases cited7 opinions
- Willson v. Mayor of BaltimoreCourt of Appeals of Maryland · 1896
- Taylor v. Times Newspaper Co.Supreme Court of Minnesota · 1901
- Brooks v. City of WichitaCourt of Appeals for the Eighth Circuit · 1902
- Mutchler v. City of EastonSupreme Court of Pennsylvania · 1892
- Davin v. City of Syracuse, New York County Courts1910
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3Cited by3 opinions
- Petrovich v. City of ArcadiaCalifornia Supreme Court · 1950
- Independent School District No. 24 v. WeinmannSupreme Court of Minnesota · 1955
- Petrovich v. City of ArcadiaCalifornia Supreme Court · 1950