Legal Opinion

Wheeler Lumber Bridge & Supply Co. v. Seaboard Surety Co.

Supreme Court of Minnesota

Decided November 17, 1944No. Nos. 33,810, 33,811PublishedCited by 11 opinions

1Opinion of the Court

Julius J. Olson, Justice.

Two cases are here for review upon appeals by plaintiffs from orders sustaining general demurrers to their complaints. The cases have been consolidated on appeal. Since both actions involve the same defendant, contract, and essential facts, we shall recite only the necessary allegations of the complaint in the Wheeler Lumber Bridge & Supply Company case, No. 33,811.

Plaintiff, a materialman, on July 6, 1942, furnished certain material purchased and used by D. F. McElroy & Company in performing a contract for the construction of certain concrete box culverts on a state…

2Cases cited3 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Guaranteed Gravel & Sand Co. v. Aetna Casualty & Surety Co.Supreme Court of Minnesota · 1928
  3. Ilg Electric Ventilating Co. v. ConnerSupreme Court of Minnesota · 1927

3Cited by11 opinions

  1. A. J. Chromy Construction Co. v. Commercial Mechanical Services, Inc.Supreme Court of Minnesota · 1977
  2. Mankato Citizens Telephone Co. v. Commissioner of TaxationSupreme Court of Minnesota · 1966
  3. Stabs v. City of TowerSupreme Court of Minnesota · 1949
  4. Alexander Construction Co. v. C & H Contracting, Inc.Court of Appeals of Minnesota · 1984
  5. Elk River Concrete Products Co. v. American Casualty Co. of ReadingSupreme Court of Minnesota · 1964

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