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35 Minn. 370

Tantholt v. Ness

Supreme Court of Minnesota

Decided July 7, 1886

Supreme Court of Minnesota · decided 1886-07-07

Action by plaintiff, in the municipal court of St. Paul, to recover the value of work done by him in excavating for the foundation of a building and carrying away earth and stone therefrom, under a contract which he alleges he was prevented by defendant from performing. Answer that plaintiff, without excuse, abandoned the work, with a counterclaim for the expense incurred by defendant in completing the work, in excess of the contract price.

Decided 1886-07-07

Gileillan, G. J.

¶1There was sufficient evidence to sustain the vari ous findings of fact, and, on the findings of fact, the plaintiff was en titled to the judgment rendered. We see nothing in the exception *371to evidence on the trial. The objections to plaintiff’s testimony as to the number of loads of earth removed, and the average size of the loads, went rather to the weight to which the testimony was entitled than to its competency. The objection to plaintiff stating what it was reasonably worth to complete the work after he left it, seems based on the idea that, in arriving at what plaintiff was to recover, what it actually cost defendant, whether reasonably or not, was to be taken into account, whereas, if the cost of what remained to be done after plaintiff left could be considered at all, it could only be the reasonable cost, i. e., what it was reasonably worth.

¶2Judgment affirmed.

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