Downs v. Finnegan
Supreme Court of Minnesota
Appeal by plaintiff, Henry Downs, from an order of tbe District Court of Hennepin County, Charles M. Pond, J., made November 29, 1893, setting aside a verdict in bis favor for $2,982. Tbe defendant, Andrew J. Finnegan, employed plaintiff to build tbe foundation of stone masonry for a bouse on Clinton Avenue in Minneapolis and to fumisb tbe materials, and agreed to pay bim tberefor $2.50 per percb for rubble stone, and $3.50 per percb for footing stone measured in tbe wall…
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Appeal by plaintiff, Henry Downs, from an order of tbe District Court of Hennepin County, Charles M. Pond, J., made November 29, 1893, setting aside a verdict in bis favor for $2,982. Tbe defendant, Andrew J. Finnegan, employed plaintiff to build tbe foundation of stone masonry for a bouse on Clinton Avenue in Minneapolis and to fumisb tbe materials, and agreed to pay bim tberefor $2.50 per percb for rubble stone, and $3.50 per percb for footing stone measured in tbe wall when completed. The wort was completed February 4, 1889. Plaintiff received $200 and brought this action to recover tbe…
1Opinion of the CourtCollins, J.
The complaint herein was in assumpsit to recover the value of materials furnished and labor and services rendered and performed by plaintiff for defendant. The answer, after putting in issue the value of the materials, labor, and services, set forth, by way of counterclaim, that defendant was the owner of certain described real property; that, between specified dates, plaintiff bought and received from him, and excavated, quarried, and removed from said premises, a specified quantity of stone, of an alleged value largely in excess of the amount demanded in the complaint. The reply put in…
2Cases cited5 opinions
- Warner v. FooteSupreme Court of Minnesota · 1889
- Hurley v. LamoreauxSupreme Court of Minnesota · 1882
- Brady v. BrennanSupreme Court of Minnesota · 1878
- Washburn v. CutterSupreme Court of Minnesota · 1871
- Nash v. SullivanSupreme Court of Minnesota · 1884
3Cited by18 opinions
- Raven Red Ash Coal Co. v. BallSupreme Court of Virginia · 1946
- Watkins v. Siler Logging Co.Washington Supreme Court · 1941
- Harrell v. F. H. Vahlsing, Inc.Court of Appeals of Texas · 1952
- Roberts v. MossCourt of Appeals of Kentucky · 1907
- Wilson v. ShraderWest Virginia Supreme Court · 1913
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