City of Duluth v. McDonnell
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for St. Louis county, Moer, J., denying a motion to set aside a verdict for $3,624.83 in favor of plaintiff, and for a new trial.
1Opinion of the Court
MITCHELL, J.2
Action to recover money paid under a mistake of fact. The substantial facts alleged in the complaint are that the village (now city) of West Duluth made a contract with the defendant to make improvements on one of its streets, for which it was to pay him certain specified prices for the different classes of work, among which was one dollar per square yard for cedar block paving; that the village engineer made a mistake in the measurement of the amount of paving done by defendant, and certified and reported the amount to the village council as being 35,752 yards, when in fact the…
2Cited by7 opinions
- Aebli v. Board of EducationCalifornia Court of Appeal · 1944
- State v. Aisin USA Mfg., Inc.Indiana Supreme Court · 2011
- State v. City of SeattleWashington Supreme Court · 1913
- King v. City of DuluthSupreme Court of Minnesota · 1899
- Houston & T. C. Ry. Co. v. HughesCourt of Appeals of Texas · 1911
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