Sandeen v. County of Ramsey
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $1,165 damages for obstructing and hindering the work of grading a certain highway, done under contract with defendant, and $100, the unpaid balance due on the contract. The material allegations of the complaint are stated in the third paragraph of the opinion.
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Action in the district court for Ramsey county to recover $1,165 damages for obstructing and hindering the work of grading a certain highway, done under contract with defendant, and $100, the unpaid balance due on the contract. The material allegations of the complaint are stated in the third paragraph of the opinion. The amended answer alleged that defendant had no power or right to enter into the contract, or make any representation in reference to the railway company whose tracks were crossed by the highway graded, and that it was ultra vires and void. The facts are stated in the opinion.…
1Opinion of the CourtBrown, J.
Action to recover an unpaid balance due upon a contract for grading a certain highway in the county of Ramsey, and for damages for delay and obstruction in the performance of the work, caused by the alleged failure of defendant to carry out and perform its part of the contract. The trial court instructed a verdict for plaintiff for the amount due under the contract, but denied a recovery of damages. Plaintiff moved for a new trial, and appealed from an order denying it.
The improvement in question was designed to lower the grade of Rice street, a county road, as it extends across the right of…
2Cases cited3 opinions
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
- Bell v. KirklandSupreme Court of Minnesota · 1907
- Sang v. Duluth CitySupreme Court of Minnesota · 1894
3Cited by2 opinions
- Hart v. Village of WyndmereNorth Dakota Supreme Court · 1911
- Wakely v. County of St. LouisSupreme Court of Minnesota · 1931