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MERCHANTS NAT. BANK & TRUST CO. v. CITY OF G. F.

No. 8045.

130 N.W.2d 212 (1964)

MERCHANTS NATIONAL BANK AND TRUST COMPANY OF FARGO, Trustee of John M. Schroeder, Inc., a Bankrupt, Plaintiff and Respondent, v. CITY OF GRAND FORKS, a Municipal Corporation, Defendant and Appellant.

Supreme Court of North Dakota.

September 11, 1964.

Attorney(s) appearing for the Case

Gordon Caldis, Grand Forks, for defendant and appellant.

Stokes, Vaaler, Gillig & Warcup, Grand Forks, for plaintiff and respondent.

BURKE, Judge.

The City of Grand Forks has appealed from a judgment entered against it in an action upon implied contract for materials and labor furnished in the repair of a damaged installation in the city water plant. The City has demanded a trial de novo in this court.

In June 1956, the City of Grand Forks entered into a contract with Eickhof Construction Company for the construction of improvements to the municipal waterworks of the city. Eickhof Construction...

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