Elliott v. Village of Graceville
Supreme Court of Minnesota
Action in the district court for Big Stone county to recover $1,496.54, being the balance alleged to be due on the contract price of an electric lighting plant. The case was tried before C. L. Brown, J., and a jury, which rendered a verdict in favor of plaintiffs ; and from an order granting a motion for a new trial, plaintiffs appealed.
1Opinion of the CourtCollins, J.
When this cause was submitted to the jury, the balance admitted by both parties to be unpaid upon the contract, and for extra work, was $1,287.24; and plaintiffs also claimed for extras an additional $100. As against these claims, defendant contended that it had, at plaintiffs’ request, paid Shannon, a subcontractor, $598, and had paid Pierce’s bill of $37.85, also by request. It also counterclaimed in the sum of $96.40 for two items provided for in the contract, but alleged to have been unperformed, and also for liquidated damages for 99 days’ delay in the completion of the work, at a…
2Cited by2 opinions
- Brown v. Douglas Lumber Co.Supreme Court of Minnesota · 1910
- Eischen v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1900