81 Minn. 381 | Minn. | 1900
Plaintiff sued defendant in justice court on an alleged contract to perform farm work and labor for defendant for four and one-half months. Defendant admitted the rendition of services by plaintiff for a shorter period than four months and a half, of the value of $44.44, but denied that the contract was entire, as claimed by the plaintiff. Plaintiff recovered in the justice court the sum of $78.43, probably upon the theory set forth in plaintiff’s complaint. Upon appeal to the district court, it was held that plaintiff was entitled to recover the sum of $45.90. Defendant had his costs taxed by the clerk, which taxation was set aside by the court, who ordered that the costs be taxed in favor of the plaintiff, as the successful party in the action. Judgment was entered thereon in favor of the plaintiff for the amount of his recovery and costs, from which judgment defendant appeals to this court.
It is claimed on this appeal that defendant, under the last clause of G-. S. 1894, § 5511, providing that “in all other cases of appeal from the judgment of a justice of the peace * the successful party is entitled to costs,” etc., has succeeded, and was entitled to have his costs taxed.
Conceding that, upon the allegations of the answer, the defendant succeeded in securing the adoption of his theory as to the view that he could terminate the contract at his pleasure, yet he contested the amount of time which plaintiff had worked for him, and the amount which he was entitled to recover under his own theory, and
The judgment of the trial court is affirmed.