Schwerin v. De Graff
Supreme Court of Minnesota
Plaintiff, a sub-contractor, brought this action in the district court for Bamsey county, to recover for work done by him for defendants in grading a railroad. The schedule annexed to the complaint included, among other items, a charge for excavating 2,800 yards, in January, 1869, at 32 cents per yard, and a charge for extra work on section 32. Both of these items were put in issue by the answer.
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Plaintiff, a sub-contractor, brought this action in the district court for Bamsey county, to recover for work done by him for defendants in grading a railroad. The schedule annexed to the complaint included, among other items, a charge for excavating 2,800 yards, in January, 1869, at 32 cents per yard, and a charge for extra work on section 32. Both of these items were put in issue by the answer. At the trial, before Wilkin, J., the plaintiff had a verdict; a new trial was refused, and defendants appealed. The exceptions are stated in the opinion.
1Opinion of the CourtMcMillan, C. J.
On the trial, a witness for the plaintiff testified as follows : “ Section 32 was wet; it was marsh ; we had to cut grass to get our teams through ; should think it was worth more than 33 ; ” to which the defendants objected, and to each part thereof, as immaterial; the court overruled the objection, and defendants excepted. The issue between the parties was whether the price agreed upon between them, for the work on this section, was 30 cents per yard, or whether it was the same as the price for work on section 33, which was 28 cents per yard.
*355When there is no written contract, and the price…
2Cases cited1 opinion
- Schwerin v. DeGraffSupreme Court of Minnesota · 1872
3Cited by11 opinions
- Schuek v. HagarSupreme Court of Minnesota · 1877
- Cochrane v. West Duluth Industrial Construction & Improvement Co.Supreme Court of Minnesota · 1896
- Miller v. LambSupreme Court of Minnesota · 1875
- Woodcock v. JohnsonSupreme Court of Minnesota · 1886
- Roles v. MintzerSupreme Court of Minnesota · 1880
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