Potter v. Barton
Supreme Court of Minnesota
Action in the municipal court of Minneapolis to recover $50 due upon a contract of employment. The case was tried before Dickinson, J., and a jury, which rendered a verdict in favor of plaintiff for $25. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtCollins, J.
At the trial below there was an abundance of testimony to sustain the jury in finding, as they did, that, while permitted to work, plaintiff substantially complied with the terms of his contract, and that he was a competent workman. These questions, framed by the pleadings, were for the jury, and the court properly submitted them in its charge. Evidently counsel for defendant so thought at the time, for there was no suggestion that the charge was not complete and correct in all respects. Where a contract for work and labor has been substantially performed as to time, and in its most material…
2Cases cited3 opinions
- Park Bros. & Co. v. BushnellCourt of Appeals for the Second Circuit · 1894
- Shaver v. InghamMichigan Supreme Court · 1886
- Stansell v. LeavittMichigan Supreme Court · 1883
3Cited by2 opinions
- United States ex rel. Farwell, Ozmun, Kirk & Co. v. Shea-Adamson Co.District Court, D. Minnesota · 1937
- Rensch v. General Drivers, Helpers & Truck Terminal Employees Local No. 120Supreme Court of Minnesota · 1964