Cowley v. Davidson
Supreme Court of Minnesota
The plaintiff and defendant entered1 into a contract in April, 1864, whereby defendant agreed to transport from Ottawa, Minn., 5,000 bushels of wheat, and deliver the same to Miles & Armour at Milwaukee, .Wis., arid was to receive therefor, .from, the plaintiff, at the rate of 33 cents per bushel; “ said wheat to be delivered at Milwaukee on or before the 20th day of May, 1864; the said Cowley to deliver said wheat to said Davidson on the bank of the river at Ottawa…
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The plaintiff and defendant entered1 into a contract in April, 1864, whereby defendant agreed to transport from Ottawa, Minn., 5,000 bushels of wheat, and deliver the same to Miles & Armour at Milwaukee, .Wis., arid was to receive therefor, .from, the plaintiff, at the rate of 33 cents per bushel; “ said wheat to be delivered at Milwaukee on or before the 20th day of May, 1864; the said Cowley to deliver said wheat to said Davidson on the bank of the river at Ottawa aforesaid, at the usual place of shipping there, and in the usual manner, upon reasonable notice of the said Davidson’s…
1Opinion of the CourtMcMillan, J.
By the Cowrt This is an action brought to recover damages for a breach of a contract to r ship and transport certain wheat from Ottawa, in Minnesota, to Milwaukee. The agreement set up in the complaint is as follows :
“This agreement made this fifteenth day of April, A.D. 1864, between William F. Davidson of the first part, and Archibald S. Cowley, of the city of St. Paul, Minn., of the second part, witnesseth: That the said Davidson hereby covenants and agrees to ship, transport and carry from Ottawa, LeSueur county, Minnesota, to Milwaukee, in the State of Wisconsin, five thousand bushels of…
2Cases cited3 opinions
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Beebe v. JohnsonNew York Supreme Court · 1838
- O'Conner v. ForsterSupreme Court of Pennsylvania · 1840
3Cited by23 opinions
- Klein v. First Edina National BankSupreme Court of Minnesota · 1972
- Richfield Bank & Trust Co. v. SjogrenSupreme Court of Minnesota · 1976
- Hobbs v. SmithSupreme Court of Oklahoma · 1911
- Pengilly v. J. I. Case Threshing Machine Co.North Dakota Supreme Court · 1902
- Anderson v. MaySupreme Court of Minnesota · 1892
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