St. Paul & Northern Pacific Railway Co. v. Bradbury
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Hennepin county, as obligee in a bond conditioned that Roland E. Patterson (one of the obligors, the others being his sureties,) should well and faithfully perform a written contract he had made with plaintiff for the construction of its “Como shops.”
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Plaintiff brought this action in the district court for Hennepin county, as obligee in a bond conditioned that Roland E. Patterson (one of the obligors, the others being his sureties,) should well and faithfully perform a written contract he had made with plaintiff for the construction of its “Como shops.” The complaint alleges that in and by the contract Patterson covenanted that the buildings to be constructed under it should be kept clear of liens for labor, workmanship, and material, and that no claim should exist at the completion of the contract in respect to which such liens could…
1Opinion of the CourtMitchell, J.
1. It seems to us, to use the language of the court below, that defendants’ case “has nothing to rest on.” The “notice to proposers” for the construction of plaintiff’s shops contained plans and specifications of the buildings; also estimates by plaintiff’s en*226gineers of the amount of material required to construct them according to the plans. But this notice (made a part of the contract) further states that “the quantities and amounts given in these forms of proposals must be verified by the proposer, as the company will not be responsible for any error resulting from their use. They can be…
2Cases cited7 opinions
- Kihlberg v. United StatesSupreme Court of the United States · 1878
- Herrick v. Estate of BelknapSupreme Court of Vermont · 1854
- Hudson v. McCartneyWisconsin Supreme Court · 1873
- Joseph Finegan & Co. v. L'engle & SonSupreme Court of Florida · 1859
- Lautenschlager v. HunterSupreme Court of Minnesota · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Sanitary Farm Dairies, Inc. v. GammelCourt of Appeals for the Eighth Circuit · 1952
- Sweeney v. Jackson CountyOregon Supreme Court · 1919
- Memphis Trust Co. v. Brown-Ketchum Iron WorksCourt of Appeals for the Sixth Circuit · 1909
- Vega Steamship Co. v. Consolidated Elevator Co.Supreme Court of Minnesota · 1899
- Lindsey v. Western Mutual Aid SocietySupreme Court of Iowa · 1891
11 more not listed; retrieve them via the Exa API.