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VILLAGE OF WELLS v. LAYNE-MINNESOTA CO.

Nos. 35,876, 36,071.

240 Minn. 132 (1953)

VILLAGE OF WELLS AND ANOTHER v. LAYNE-MINNESOTA COMPANY AND ANOTHER.

Supreme Court of Minnesota.

July 31, 1953.

Attorney(s) appearing for the Case

Frank Janes, Elliott O. Boe, and Richards, Janes, Hoke, Montgomery & Cobb, for appellant Layne-Minnesota Company.

Fowler, Youngquist, Furber, Taney & Johnson, for appellant New York Casualty Company.

Don M. Smith, L. Glenn Fassett, and Charles C. Luetke, for respondent.

DELL, CHIEF JUSTICE.

The matter before us is a consolidation of two appeals arising out of an action for rescission of a contract and recovery of the consideration paid under it. Plaintiff Village of Wells, Minnesota, hereinafter referred to as the village, engaged defendant Layne-Minnesota Company, hereinafter referred to as Layne, to construct a municipal well. The defendant New York Casualty Company, hereinafter referred to as the surety, executed the performance...

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