287 N.W. 493 | Minn. | 1939
Defendant in opposition to the motion does not intimate an intention again to raise any issue as to the binding validity of the contract under which the water was furnished or to dispute the quantity furnished for the nine months in question. The only thing that the attorneys for defendant suggest as an excuse for the appeal is the award of attorney's fees included in the judgment. The ten per cent attorney's fees stipulated in the contract to be paid if any action was started for the recovery of payments in default, computed on the amount of recovery, were claimed and awarded in the first case mentioned. In that appeal (
We note that the answer is absent from the judgment roll, but have assumed that it raises the identical issues raised in the former suit, for the reply is identical with the reply therein except the added paragraph mentioned.
Motion to dismiss denied. *620