St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-04-11
REVERSED BY BUCK.
Judge Searles Is Turned Down
in a Decision Awarding
Damages
To- THE CITY OF ST. CLOUD
From the Water Works for
Alleged Violation Of
Contract.
NEW TRIAL is GRANTED.
Order Affirmed in a Case In
voiving Sale Of Lands in
st. Anthony.

Two decisions were handed down
by the supreme court yesterday,
both written by Justice Buck. An
important one is that of Edmond
! Skyes, appellant VS.. The City of
st. Cloud, respondent, in which the
| decision of the lower court is re-
i versed. The case was tried in Judge
| Searle'S court, in Stearns county,
| and is one in which an appeal for
a new trial was made by the plain
i tiff, to whom had been assigned the
| interests of the water works COM
/, pany. According to the contract
| made between the water works com
| pany and the city, the company was
! obliged to furnish the entire water
| supply for the city, and besides the
contract required that they supply
| enough power to operate the fire
| engines. The action brought by
the city was on the failure of plain
tiff company. to perform the con-
tract in full, which the pleadings
maintain was the case in the wear
1888. The trial court gave the CITY
the damages for the amount
| claimed, but this court reyerses that
decision and holds:
where q contract, by which g
water works company agreed with a
city TO furnish water for domestic and
! certain public purposes. and also IN
Keep designated number of hvdrants
constantly supplied with water under
sufhcient pressure for effective fire
service for term of years. has been
substantially performed as to the first
] named purpose, but not as to the lat
ter, and the city has voluntarily ac-
eepted and received the benefit of its
performance as to the first part of the
contract, knowing that the contract
was not being fully performed as to
the last named part thereof, it is pre-
cluded from insisting upon a. per-
/ Torrance of the residue as a condi-
ton precedent to it's liability to nav
FOR what it has received and must relv
upon its claim for damages. as, to the
part not performed 7.s-
RETURN WAS DEFECTIVE.
The second case relates to the pro-
,eeedings to condemn land for the East
River Bank Parkway. Peter O'Con-
/ nor, petitioner, respondent, against
Patrick j. Finnegan, contestant. APP
pellant. Justice Buck affirmed the or
der Of the lower court and says:
"A provision in the Special Laws of
1854, chapter IS, required the city clerk
of the city of ST. Anthony to make a
return to the county auditor of Hen
nepin county of certain lands sold for
taxes for the year 1860 and previous
years, and also to return a list of all
taxes assessed upon certain lands by
the city of ST. Anthony for the year
1863 or any previous year which re-
manned unpaid and delinquent" Held,
That return of said city clerk of a
list of taxes which remain delinquent
or unpaid" was defective and con-
ferred no authority to sell the lands
for such taxes and the deed made pur-
suant to such attempted sale is void.
Held also, that the statute of Iinita-
lions with reference to such special
laws of 1864, chapter 49, section s, is
repealed by the law of 1887, chapter
127."