Stitt v. Rat Portage Lumber Co.
Supreme Court of Minnesota
Action in the district court for Itasca county to enforce specific performance of an oral contract by which it was agreed certain land and timber purchased by plaintiffs with money advanced by defendant lumber company, the title to which was taken in the name of defendant Patrick A. Smith, was to be conveyed to plaintiffs upon repayment by them of the moneys so advanced. In the alternative plaintiffs demanded judgment for $60,000 damages.
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Action in the district court for Itasca county to enforce specific performance of an oral contract by which it was agreed certain land and timber purchased by plaintiffs with money advanced by defendant lumber company, the title to which was taken in the name of defendant Patrick A. Smith, was to be conveyed to plaintiffs upon repayment by them of the moneys so advanced. In the alternative plaintiffs demanded judgment for $60,000 damages. The case was tried before McClenahan, J., who made findings of fact, and as conclusions of law found that plaintiffs were the owners of the land and timber…
1Opinion of the Court
JAGGARD, J.2
In this case the plaintiffs and respondents and the defendant and appellant lumber company entered into two contracts. The earlier contract is significant only as it sheds light upon the the true nature of the later one, with which this litigation is concerned. There have been two trials of this action. In the first, the court found for the defendants; in the second, for the plaintiffs. The present appeal is from the latter.
1. The trial court properly resolved the disputed matters of fact for *29the plaintiffs. The plaintiffs, loggers, without means to carry on logging operations,…
2Cases cited36 opinions
- Peugh v. DavisSupreme Court of the United States · 1878
- Ryan v. . DoxNew York Court of Appeals · 1866
- Moore v. CrawfordSupreme Court of the United States · 1889
- Jones v. Guaranty & Indemnity Co.Supreme Court of the United States · 1880
- Howland v. BlakeSupreme Court of the United States · 1878
31 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Bennett v. HarrisonSupreme Court of Minnesota · 1911
- Stitt v. Rat Portage Lumber Co.Supreme Court of Minnesota · 1906
- Hatlestad v. Mutual Trust Life Insurance Co.Supreme Court of Minnesota · 1936
- Teal v. Scandinavian-American BankSupreme Court of Minnesota · 1911
- Young v. BakerSupreme Court of Minnesota · 1915
14 more not listed; retrieve them via the Exa API.