129 Minn. 428 | Minn. | 1915
The defendant had the contract to add to and repair a school building in Minneapolis, Minnesota. Plaintiff did some work and furnished some material in the performance of the contract. This action was to recover the reasonable value thereof, less certain admitted payments. In defense an express contract was pleaded, and judgment tendered for $27, the unpaid balance. Verdict for plaintiff, and defendant appeals from the order 'denying his motion in the alternative for judgment or a new trial.
Plaintiff’s contention, in brief, was: About the last of July, 1912, he offered to bid on the roofing and sheet metal work required in defendant’s contract. Lacking time to put the bid, or estimate, in formal shape, he, on July 27, gave to defendant’s estimator the figures for the various items, namely, $963 for the new part of the building; $2,410 for the old part; $400 for registers, and $251 for metal covered doors; the total bid being about $4,025. On August 1 he was told the bid came too late, but, nevertheless, he could send
The court after charging that plaintiff must prove by a fair preponderance of the evidence that defendant in bad faith sought to take
The verdict is assailed as not supported. We are not permitted to weigh the evidence. This is the province of the jury. There is .positive and direct testimony to sustain the verdict under the pleadings and theory of the law correctly applied to the issues by the learned trial court. A further review of such testimony would serve no useful purpose.
The order is affirmed.