Legal Opinion

Walker v. Bean

Supreme Court of Minnesota

Decided January 18, 1886PublishedCited by 2 opinions

Appeal by defendant from an order of the district court for Washington county, McCluer, J., presiding, refusing a new trial. The case is stated in the opinion. To permit plaintiffs to recover in this action, if they wrongfully abandoned the drive which plaintiffs and defendants started under contract, is to allow them to take advantage of their own wrong.

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Appeal by defendant from an order of the district court for Washington county, McCluer, J., presiding, refusing a new trial. The case is stated in the opinion. To permit plaintiffs to recover in this action, if they wrongfully abandoned the drive which plaintiffs and defendants started under contract, is to allow them to take advantage of their own wrong. Safford v. Wyckoff, 4 Hill, 442; Hard v. Seeley, 47 Barb. 428; Hyde v. Watts, 12 M. & W. 254; Keys v. Hanvood, 2 C. B. 905; Hayward v. Bennett, 3 C. B. 404; Muston v. Gladwin, 6 Q. B. 963. The cases cited to the effect that one partner…

1Opinion of the CourtDicKinson, J.

In the spring of 1884, the plaintiffs and the defendant had, respectively, large quantities of logs on the Kettle river, a tributary of the St. Croix, which were to be driven down those streams to Stillwater. The parties entered into a contract to drive all of the logs in common, each party furnishing a proper quota of men for that purpose. They entered upon the performance of the contract, and drove the logs to the Kettle river rapids, so called, at which point the drive was abandoned. Subsequently the plaintiffs requested the defendant to return with them and finish the drive. The defendant…

2Cases cited5 opinions

  1. Karthaus v. Yllas Y FerrerSupreme Court of the United States · 1828
  2. Harrington v. HighamNew York Supreme Court · 1853
  3. Peter St. Martin & Co. v. ThrasherSupreme Court of Vermont · 1868
  4. Buchoz v. Grandjean & GrandjeanMichigan Supreme Court · 1850
  5. Jone v. BaileyCalifornia Supreme Court · 1855

3Cited by2 opinions

  1. Beard v. ClarkeSupreme Court of Minnesota · 1886
  2. O'Brien v. GlasowSupreme Court of Minnesota · 1898

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