STANDARD CONSTRUCTION CO. INC. v. NATIONAL TEA CO.

No. 35,845.

240 Minn. 422 (1953)

STANDARD CONSTRUCTION COMPANY, INC., v. NATIONAL TEA COMPANY AND OTHERS.

Supreme Court of Minnesota.

December 11, 1953.


Attorney(s) appearing for the Case

Best, Flanagan, Rogers, Lewis & Simonet, for appellants.

Bauers & Carlson, for respondent.


FRANK T. GALLAGHER, JUSTICE.

This was an action by Standard Construction Company, Inc., referred to hereinafter as Standard, to foreclose a mechanic's lien for $11,268.47, in which defendant National Tea Company, referred to hereinafter as National, counterclaimed for $180,333.26 allegedly paid under protest in excess of the amount due plaintiff. The case was tried before the court without a jury. Judgment was granted for plaintiff in the amount of $10,776.33, plus...

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