Legal Opinion

Nash v. City of St. Paul

Supreme Court of Minnesota

Decided January 15, 1866PublishedCited by 10 opinions

This is an action founded upon an alleged contract between tbe plaintiff and tbe Street Commissioners of tbe Second Ward of the City of St. Paul, for the grading of Bench street.

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This is an action founded upon an alleged contract between tbe plaintiff and tbe Street Commissioners of tbe Second Ward of the City of St. Paul, for the grading of Bench street. The complaint alleges that such Street Commissioners, “having prior to the 5th day of August, 1857, determined to grade Bench street in said ward, between Jackson and Wabashaw streets, advertised for bids for doing the same, in pursuance whereof the plaintiff made the lowest bid for doing said job, and said Street Commissioners having awarded the contract therefor to the plaintiff as the lowest bidder upon said bid…

1Opinion of the Court

By the Oowrt

"Wilson, Ch. J.-

The plaintiff in his complaint, alleges that the defendant is a municipal corporation, and “that on and before the 13th day of July, 1851, and until April 1st, 1858, A. L. Larpenteur, Norman W. Kittson and William B. McGrorty, were the duly elected and qualified, and acting Street Commissioners of the Second Ward of the said city of Saint Paul, under and by virtue of the said charter and the amendatory acts thereof then in force. That the said Larpenteur, Kittson and McGrorty, acting in their official capacity as such ^ Street Commissioners, and by the authority…

2Cases cited3 opinions

  1. Bonesteel v. . the Mayor, C., of New YorkNew York Court of Appeals · 1860
  2. Nash v. City of Saint PaulSupreme Court of Minnesota · 1863
  3. Finley v. QuirkSupreme Court of Minnesota · 1864

3Cited by10 opinions

  1. Fones Hardware Co. v. ErbSupreme Court of Arkansas · 1891
  2. Dickinson v. . City of PoughkeepsieNew York Court of Appeals · 1878
  3. Pasquel v. OwenCourt of Appeals for the Eighth Circuit · 1950
  4. Barber Asphalt Paving Co. v. City of DenverCourt of Appeals for the Eighth Circuit · 1896
  5. Pine Tree Lumber Co. v. City of FargoNorth Dakota Supreme Court · 1903

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