Larson v. Schmaus
Supreme Court of Minnesota
In the first cause of action stated in his complaint (and which is stated in the opinion) the plaintiff claimed $1,055. The second cause of action was for 'extra material, of the value of $23.75. He then admits payments to the amount of $507, “upon account of the matter herein alleged,” and asks judgment for $571.75. The answer and reply as to the first cause of action are stated in the opinion, the contract set forth in the answer being signed and sealed by both parties.
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In the first cause of action stated in his complaint (and which is stated in the opinion) the plaintiff claimed $1,055. The second cause of action was for 'extra material, of the value of $23.75. He then admits payments to the amount of $507, “upon account of the matter herein alleged,” and asks judgment for $571.75. The answer and reply as to the first cause of action are stated in the opinion, the contract set forth in the answer being signed and sealed by both parties. At the trial in the district court for Ramsey county, before Simons, J., the first cause of action was stricken out, on…
1Opinion of the CourtVanderburgh, J.
This action is brought to recover a balance alleged to be due plaintiff for labor and services performed and materials furnished in and about the erection of a house for defendant, *413at his request, and for the agreed price of $1,055. The defendant-alleges, in his answer, that the work was done under a special contract, which is fully set out, and which, among other things, contained the following stipulation: “Said Schmaus to pay all bills for material, and stone-work, upon an order being presented with said bills, drawn by said Larson, which amount said Schmaus is to deduct from said $1,055;…
2Cases cited3 opinions
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
- Hosley v. . BlackNew York Court of Appeals · 1863
- Scott v. LilienthalThe Superior Court of New York City · 1862
3Cited by6 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. McWhirterTexas Supreme Court · 1890
- Northwestern Marble & Tile Co. v. SwensonSupreme Court of Minnesota · 1918
- Boydstun v. Hackney Land Credit Co.Supreme Court of Minnesota · 1920
- Johnson v. FehsefeldtSupreme Court of Minnesota · 1910
- Mead v. Rat Portage Lumber Co.Supreme Court of Minnesota · 1904
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