47 Minn. 115 | Minn. | 1891
We assume, in the determination of this case, that plaintiff, respondent, because of his failure to regularly enter into a contract with the defendant city, was remediless until the enactment of Sp. Laws 1889, e. 563, and place an affirmance of the order ap
It must be admitted that, if it was imperative upon the council to audit and make payment of the principal amount, it was also required to allow and pay interest thereon from the day specified in the act.
Upon the facts as they appeared at the trial, there is nothing in the point that plaintiff cannot recover, because he accepted payment of the principal. Duluth Chamber of Commerce v. Knowlton, 42 Minn. 229, (44 N. W. Rep. 2.)
Order affirmed.