Gates v. Banhclzer
Supreme Court of Minnesota
Appeal by plaintiff, Hiram D. Gates, from an order of the Municipal Court of the City of St. Paul, John Tivohy, Jr., J., made February 9, 1893, denying his motion for a new trial of his action against William Banholzer.
1Opinion of the CourtVanderburgh, J.
This action is brought by plaintiff to recover for work and labor and materials furnished in repairing an artesian well for defendant in the year 1886, and a second count sets up another claim for work done and materials furnished in and about the same well in the year 1889. The defense is that the well was dug by plaintiff for defendant in the year 1886, by contract, and -that the work and materials for which a recovery is sought in this action were furnished in completion or fulfillment of his duty under this contract, which had never been satisfactorily completed, and so the trial court…
2Cases cited1 opinion
- Lee v. WalkerNebraska Supreme Court · 1892
3Cited by1 opinion
- Wrolson v. AndersonSupreme Court of Minnesota · 1893