Haney v. Ferch
Supreme Court of Minnesota
Action in the district court for Big Stone county to recover $16,000 for breach of contract. The substance of the answer will be found in the second paragraph of the opinion. The case was tried before Flaherty, J., and a jury which returned a verdict for $6,000. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.
1Opinion of the CourtHolt, J.
In February, 1915, the county of Lac qui' Parle let to plaintiff the construction of county ditch 41, to be completed before October 15 of that year. Plaintiff moved a dredge to the place, but did not start the work. In August he sublet the excavation part to defendants, retaining the cement work for the bridges and dams. At that time, the time for completion was extended by the auditor to July 1, 1916. Defendants, with a “dry land digger,” excavated about 4,000 feet of the ditch before freezing put a stop to the work. In the spring and early summer of 1916, floods in the valley of the…
2Cases cited2 opinions
- Paine v. SherwoodSupreme Court of Minnesota · 1875
- City of Winona v. JacksonSupreme Court of Minnesota · 1904
3Cited by4 opinions
- West Coast Theatres, Inc. v. City of PomonaCalifornia Court of Appeal · 1924
- County of Hennepin v. RichardsonSupreme Court of Minnesota · 1928
- Groves v. John Wunder Co.Supreme Court of Minnesota · 1939
- Purdy v. MasseySupreme Court of Pennsylvania · 1931