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DUNKLEY SURFACING CO. v. GEORGE MADSEN CONST. CO.

No. 41630.

173 N.W.2d 420 (1970)

DUNKLEY SURFACING CO., Inc., Respondent, v. GEORGE MADSEN CONSTRUCTION CO., Appellant.

Supreme Court of Minnesota.

January 2, 1970.

Attorney(s) appearing for the Case

Karlins, Grossman, Karlins, Siegel & Brill and Allen C. Johnson, Minneapolis, for appellant.

Roger A. Johnson, Minneapolis, for respondent.

Heard before KNUTSON, C. J., and NELSON, SHERAN, PETERSON and FRANK T. GALLAGHER, JJ.

OPINION

PETERSON, Justice.

Plaintiff, Dunkley Surfacing Company, Inc., a subcontractor, agreed to perform excavation and blacktopping at a stated price for defendant, George Madsen Construction Company, a general contractor, in the construction of a sales and automobile service center for Montgomery Ward & Company in Robbinsdale, Minnesota. A dispute arose between plaintiff and defendant during the course...

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