Saunders v. James Gallagher
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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.
(as of 9/30/2026)
Last cited by a Minnesota appellate court in 1896, among the opinions in this site’s citation index.
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Cases that cite this one
3 later published cases cite this decision.
- Albertini v. Linden (Mont. 1911)
- Cochrane v. West Duluth Industrial Construction & Improvement Co. (Minn. 1896)
- Shakespeare v. Baughman (Mich. 1897)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The evidence on the issue in the case was conflicting, the two parties testifying directly contrary to each other. The testimony of plaintiff was to some extent corroborated, but it left a fair question for the jury to determine which was the true account, and we can easily see how, from the appearance and demeanor of the witnesses, and the'ir manner of testifying, the jury
The plaintiff having testified that defendant accepted his offer of $3.25 per M. for doing the 'work, the defendant having squarely testified to the contrary, evidence of the value of the work was admissible, as it would tend to show which was the more credible statement. Kumler v. Ferguson, 7 Minn. 442, (Gil. 351;) Schwerin v. De Graff, 21 Minn. 354; Miller v. Lamb, 22 Minn. 43. What it cost in fact to do the work was not admissible, for, in the nature of things, neither party could know it when they made their contract. The question calling for a statement of the cost was objectionable; but the Witness did not answer responsively to the question, but, instead, stated the value of the work.
Order affirmed.
(Opinion published 55 N. W. Rep. 600.)
Case-law data current through September 30, 2026. Source: CourtListener bulk data.