Glencoe Ditching Co. v. Martin
Supreme Court of Minnesota
Action in the district court for Redwood county to recover $440 for construction of a drainage ditch. The case was tried before Olsen, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and directed a verdict in favor of plaintiff for $457. From an order granting defendant’s motion for a new trial, plaintiff appealed.
1Opinion of the CourtHallam, J.
In 1919, defendant was administrator of the estate of Henry O. Martin, deceased. Part of the property of the estate was a farm in Redwood county. In 1919, plaintiff constructed a ditch through this land pursuant to contract with defendant. Defendant told plaintiff the land belonged to the estate,, and that he was acting as administrator for the estate.
The complaint alleged an express contract by which plaintiff was to construct a ditch through the land in question to the length of 220 rods, and that defendant agreed to pay therefor at the rate of $2'per rod. The answer was a general denial. •…
2Cases cited8 opinions
- Bucy v. Pitts Agricultural WorksSupreme Court of Iowa · 1893
- Noon v. FinneganSupreme Court of Minnesota · 1882
- Smith v. ParkSupreme Court of Minnesota · 1883
- Ness v. WoodSupreme Court of Minnesota · 1890
- Hellmuth v. BenoistMissouri Court of Appeals · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Martin v. SmithSupreme Court of Minnesota · 1942
- Lamoreaux v. HigginsSupreme Court of Minnesota · 1927
- Holtan v. FischerSupreme Court of Minnesota · 1944
- Lamoreaux v. LamoreauxCourt of Appeals for the Eighth Circuit · 1928
- Pittsburgh Coal Co. v. WillSupreme Court of Minnesota · 1941
2 more not listed; retrieve them via the Exa API.