Morgan v. Brach
Supreme Court of Minnesota
Action in the district court for Carver county to r'ecover $51.75 alleged to be due for the construction of a ditch. The case was tried before Morrison, J., and a jury which returned a verdict in favor of plaintiff for $40. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtBrown, J.
Action to recover the amount alleged to be due plaintiff for the construction of a ditch for drainage purpdses upon the farm of the defendant. Plaintiff had' a' verdict, and defendant appealed from an order denying his alternative motion for judgment notwithstanding the verdict of for a new trial.
The sole question presented by the assignments of error is whether plaintiff’s evidence made out a cause of action within the allegations of the complaint.
*248The complaint alleges that plaintiff constructed the ditch in question at the special instance and request of defendant, and that defendant agreed…
2Cases cited4 opinions
- Hollister v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of Minnesota · 1901
- Hicks v. BrantonSupreme Court of Arkansas · 1860
- Hapgood v. WatsonSupreme Judicial Court of Maine · 1876
- Scott v. ShearsMassachusetts Supreme Judicial Court · 1852
3Cited by3 opinions
- Schmidt v. Agricultural Ins. Co.Supreme Court of Minnesota · 1934
- Klemik v. Henricksen Jewelry Co.Supreme Court of Minnesota · 1915
- Schmidt v. Agricultural InsuranceSupreme Court of Minnesota · 1934