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43 Minn. 288

Schmidt v. McCarthy

Supreme Court of Minnesota

Decided May 16, 1890

Supreme Court of Minnesota · decided 1890-05-16

Plaintiff built an addition to a house of defendant’s daughter-in-law, Mrs. Timothy McCarthy, on her land, and brought this action in the district court for Stearns county, to recover $450, the value of his labor and material, on the ground that the contract therefor was made by defendant, by Mrs. Timothy McCarthy as his agent.

Decided 1890-05-16

Gilfillan, C. J.

¶1There is no merit in either assignment of error. Even had defendant been technically entitled, as a part of his cross-examination of the witness Mrs. McCarthy, to ask the questions which the court below excluded, it is apparent that he could not have been prejudiced by their exclusion. They were so manifestly immaterial that no conceivable answers that the witness might have made could in any way have affected the result.

¶2Order affirmed.

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