Williston v. Mathews
Supreme Court of Minnesota
Appeal by plaintiffs, Horace Williston, James Charnley, William McKinley and A. S. McKinley, from an order of tbe District Court of Lake County, J. D. Ensign, J., made May Id, 1893, overruling tbeir demurrer to tbe second counterclaim in tbe answer.
Read the full summary
Appeal by plaintiffs, Horace Williston, James Charnley, William McKinley and A. S. McKinley, from an order of tbe District Court of Lake County, J. D. Ensign, J., made May Id, 1893, overruling tbeir demurrer to tbe second counterclaim in tbe answer. Tbe defendants, T. P. Matbews and P. C. Krecb of Minneapolis, entered into a contract December 31, 1891, with tbe defendant, tbe Dulutb and Iron Mountain Railroad Company, to construct for it an ore dock No. 4 in Agate Bay at Two Harbors, Lake County, Minnesota, and complete tbe same on or before May 1,1892. Tbe plaintiffs afterwards on January 9,…
1Opinion of the CourtMitchell, J.
According to the answer, the defendants had contracted to build an ore dock at Agate bay according to certain plans' and specifications, and complete the same by May 1,1892. The timber and lumber required for the work were of peculiar and unusual dimensions. In the prosecution of the work, it was necessary to employ a large crew of men, and in order that the work might progress without delay, and the men be kept employed, it was necessary that certain parts of the timber should be on hand at certain times; and, inasmuch as the dock had to be constructed in and over the water, it was…
2Cited by2 opinions
- Garfield & Proctor Coal Co. v. Pennsylvania Coal & Coke Co.Massachusetts Supreme Judicial Court · 1908
- Harrison Bros. v. Murray Iron Works Co.Missouri Court of Appeals · 1902