King v. City of Duluth
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover a balanee due under a contract and a further sum for extra work and materials. The case was tried before Ensign, J., and a jury, which rendered a verdict in favor of plaintiff for $13,834.90.; and from an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
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Action in the district court for St. Louis county to recover a balanee due under a contract and a further sum for extra work and materials. The case was tried before Ensign, J., and a jury, which rendered a verdict in favor of plaintiff for $13,834.90.; and from an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. No recovery for extra work can be had, unless it appears that the compensation has been determined as provided in the contract, or that this provision has been waived by defendant. City of Duluth v. McDonnell, 61 Minn. 288; Shaw…
1Opinion of the CourtStart, C. J.
The parties hereto, on December 16, 1896, entered into a written contract whereby the plaintiffs, for the sum of $32,000, to be paid by the city, agreed to do certain specified work for it in connection with a'system of waterworks for the city. The contract was performed by the plaintiffs to the satisfaction and acceptance of the city, and this action was brought to recover a balance of $3,055 due on the contract, and the further sum of $13,837.80 for extra work and material done and furnished to the city. The jury returned a verdict for the plaintiffs for $13,334.90, and the defendant…
2Cases cited3 opinions
- Shaw v. First Baptist Church of WinonaSupreme Court of Minnesota · 1890
- Potter v. HolmesSupreme Court of Minnesota · 1898
- City of Duluth v. McDonnellSupreme Court of Minnesota · 1895
3Cited by5 opinions
- Merchants National Bank v. City of East Grand ForksSupreme Court of Minnesota · 1905
- City of Winona v. JacksonSupreme Court of Minnesota · 1904
- Stanton v. Morris Construction Co.Supreme Court of Minnesota · 1924
- King v. City of DuluthSupreme Court of Minnesota · 1900
- Robertson v. Village of Grand RapidsSupreme Court of Minnesota · 1905