Ness v. Minnesota & Colorado Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $179, and interest, for breach of contract for seventy days’ employment. Defendant pleaded payment and an accord and satisfaction. The case was tried before Simpson, J., who found in favor of plaintiff for the sum of $148.50, and interest. From an order denying a motion for a new trial, defendant appealed.
1Opinion of the CourtCollins, J.
It is undisputed that when defendant paid plaintiff, by check, the sum of $139.50, this amount was made up of three items: One, $12.50 for two and one half days’ labor in the month of July under the alleged contract for seventy days’ employment, which plaintiff claimed had been violated by his having been improperly and unlawfully dismissed from defendant’s service; another, $124 for labor in August and September under a subsequent contract, concerning which there had been no contention; third, $3 cash paid out at defendant’s request, also undisputed. Before making this payment, and as a…
2Cases cited6 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Tanner v. MerrillMichigan Supreme Court · 1895
- Demars v. Musser-Sauntry Land, Logging & Manufacturing Co.Supreme Court of Minnesota · 1887
- Duluth Chamber of Commerce v. KnowltonSupreme Court of Minnesota · 1889
- Greenlee v. MosnatSupreme Court of Iowa · 1902
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3Cited by18 opinions
- Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
- Ex Parte Southern Cotton Oil Co.Supreme Court of Alabama · 1922
- Demeules v. Jewel Tea Co.Supreme Court of Minnesota · 1908
- Burns v. Northern Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1943
- Smoot v. CheckettsUtah Supreme Court · 1912
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