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WILLMUS v. RAY JORDAN & SONS, INC.

No. 42017.

178 N.W.2d 884 (1970)

Geraldine WILLMUS, Appellant, v. RAY JORDAN & SONS, INC. et al Respondents.

Supreme Court of Minnesota.

Rehearing Denied August 7, 1970.

Attorney(s) appearing for the Case

Lewis L. Anderson, St. Paul, for appellant.

O. A. Brecke, and J. Robert Nygren, Minneapolis, for respondents.

Heard before KNUTSON, C. J., and NELSON, MURPHY, OTIS, and THEODORE B. KNUDSON, JJ.

OPINION

OTIS, Justice.

This action is brought by a landowner to recover the agreed price of peat and topsoil which defendant Ray Jordan & Sons, Inc., contracted to remove from plaintiff's premises. The trial court awarded plaintiff $10,099 against which it offset the sum of $5,460 awarded Jordan as damages for plaintiff's breach of contract. Plaintiff appeals from the judgment and defendants1 seek review under Rule 106, Rules...

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