Seastrand v. D. A. Foley & Co.
Supreme Court of Minnesota
Action in the district court for Aitkin county to recover a balance of $3,069.54 for work on County Ditch No. 21 in that county. The answer alleged that defendant had paid plaintiff for all work done and material furnished by him pursuant to the written contract between them. The case was tried before Stanton, J., who made findings and ordered judgment in favor of plaintiff for $32.52. From an order denying his motion for a new trial, plaintiff appealed.
1Opinion of the CourtHolt, J.
The county of Aitkin let the construction of Drainage Ditch No. 21, with necessary culverts and roadways, to the defendant D. A. Foley & Company, a corporation. Defendant relet the same work to plaintiff at a lower price per yard for the excavation, but at the same price for the other portions of the undertaking. The plans and specifications called for the excavation of 158,545.06 cubic yards. After the work was started the engineer in charge requested plaintiff to make the ditch deeper than called for by the plans and specifications. Plaintiff complied. This necessitated an additional…
2Cases cited1 opinion
- Stein v. McCarthyWisconsin Supreme Court · 1904
3Cited by5 opinions
- Seastrand v. D. A. Foley & Co.Supreme Court of Minnesota · 1919
- Alden v. County of ToddSupreme Court of Minnesota · 1918
- County of Blue Earth v. National Surety Co.Supreme Court of Minnesota · 1925
- County of Blue Earth v. Nat. Surety Co.Supreme Court of Minnesota · 1925
- Seastrand v. D. A. Foley & Co.Supreme Court of Minnesota · 1922