M. G. ASTLEFORD COMPANY, INC., v. DWORSKY

No. 45145.

228 N.W.2d 580 (1975)

M. G. ASTLEFORD COMPANY, INC., Respondent, v. Robert DWORSKY, d.b.a. Park-Gopher Jeep, Appellant.

Supreme Court of Minnesota.

April 18, 1975.


Attorney(s) appearing for the Case

Byron W. McCullagh, Minneapolis, for appellant.

Rosen, Kaplan & Ballenthin and James E. Ballenthin, St. Paul, for respondent.

Considered and decided by the court without oral argument.


PER CURIAM.

This appeal arises from an action for unjust enrichment of an owner of land adjacent to street improvements constructed by plaintiff. By general verdict the jury awarded plaintiff $4,732.88 on an implicit finding that plaintiff's construction enhanced the value of defendant's abutting property, for which he ought in equity to be required to pay his proportionate share of the costs of construction.

The case was submitted to the jury under the theory...

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