McCREE & COMPANY v. STATE

No. 37,316.

253 Minn. 295 (1958)

91 N.W. (2d) 713

McCREE & COMPANY v. STATE.

Supreme Court of Minnesota.

August 1, 1958.


Attorney(s) appearing for the Case

Miles Lord, Attorney General, Robert W. Mattson, Deputy Attorney General, and D.P. Kane, Special Assistant Attorney General, for appellant.

Roland J. Faricy, B. Warren Hart, Marvin J. Pertzik, and Faricy, Moore & Costello, for respondent.


NELSON, JUSTICE.

McCree & Company brings this action against the State of Minnesota to recover damages for an alleged breach of warranty arising out of a contract for the improvement of Trunk Highway Nos. 14 and 22 in southern Minnesota, in the vicinity of the city of Mankato, and also to recover an amount which has been withheld by the state. The Highway Department engineers started work in the fall of 1950 on plans and specifications for the improvement. Subsequent...

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