92 Minn. 353 | Minn. | 1904
This action is brought to recover damages for defendant’s alleged breach of the conditions of a contract to construct a brick office building for plaintiff according to plans and specifications attached thereto. Defendant answered, claiming that he had erected the structure in a proper manner, according to the terms of the contract, and according to plaintiff’s instructions from time to time; also that the building was duly inspected and accepted by plaintiff. Before the necessary reply to the new matter was served, plaintiff, upon affidavits, moved the court for an order upon defendant to allow him to inspect and take a copy of the written specifications attached to the building contract, in his hands, which had been referred to in the answer, and for leave
This order was granted by the court under section 5750, G. S. 1894, which is as follows:
The court before which an action is pending, or a judge thereof, may order either party to give to the other, within a specified time, an inspection and copy, or permission to take a copy, of any book, document or paper in his possession or under his control, containing evidence relating to the merits of the action, . of the defense therein.
It is insisted in this review that the court had no authorit)'- to afford the relief granted, for the reason that, the reply not having been served, the action was not pending.
Without reference to authorities which have been cited from other states, which we do not think apply, we have no doubt whatever that in the furtherance of justice the court, in the exercise of its discretion, at any time after an action is commenced and complaint served, before issue is joined, may give the relief provided for in the statute, whose object is plain, clear, and salutary. The possession of documents or books that are necessary to enable a party, after the commencement of an action, to further prepare his pleadings or evidence for trial, was intended to be thus afforded him, and the court was authorized, under such restrictions for the protection of the adverse party as are necessary, to make the order it did. Upon the showing made in this action, the discretion of the trial court was properly exercised in a wholesome and proper manner.
This cause was submitted upon briefs; the plaintiff asserting that it was an appealable order, which was not denied or discussed by re
Order affirmed.