Ihk v. Duluth City
Supreme Court of Minnesota
Appeal by plaintiff, Charles Ihk, from a judgment o-f the District Court of St. Louis County, Charles L. Lewis, J., entered January 25, 1894, that he take nothing by his action. On July 15, 1890, Forrestal Bros, contracted with the defendant the City of Duluth, to curb and pave Fourth Street in that city between Fifth Avenue west and Sixth Avenue east, and to’furnish and pay for all labor and material used in the work.
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Appeal by plaintiff, Charles Ihk, from a judgment o-f the District Court of St. Louis County, Charles L. Lewis, J., entered January 25, 1894, that he take nothing by his action. On July 15, 1890, Forrestal Bros, contracted with the defendant the City of Duluth, to curb and pave Fourth Street in that city between Fifth Avenue west and Sixth Avenue east, and to’furnish and pay for all labor and material used in the work. They gave the city a bond with two sureties in the penal sum of $16,000 conditioned to be void if they performed the work and paid for the labor and material. They failed to…
1Opinion of the Court
Gilrillan, 0. J.
The charter of the defendant provides (Sp. Laws 1887, ch. 2, sube. 5, § 5) that, whenever the board of public works shall award a contract for making any of the improvements mentioned in the subchapter, the person to whom it is awarded shall furnish to the city a bond with sufficient sureties, to be approved by the board of public works, conditioned that he will execute the work for the price mentioned in the bid, and according to the plans and specifications, and that he will pay for all labor done and material furnished for said improvement.
As held in State Bank of Duluth v.…
2Cases cited2 opinions
- Bryant v. City of St. PaulSupreme Court of Minnesota · 1885
- State Bank v. HeneySupreme Court of Minnesota · 1889
3Cited by9 opinions
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- Northwest Steel Co. v. School Dist. No. 16Oregon Supreme Court · 1915
- I. W. Phillips & Co. v. Board of Public InstructionSupreme Court of Florida · 1929
- Joseph Nelson Supply Co. v. LearyUtah Supreme Court · 1917
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