Kirkeby v. Erickson
Supreme Court of Minnesota
Action commenced before a justice of the peace for Yellow Medicine county to recover $75, the agreed purchase price, upon a parol contract for the sale of growing grass. On appeal to the district court for said county the case was.tried before Powers, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed.
1Opinion of the CourtCollins, J.
From the findings of fact, which stand unchallenged in this court, it appears that the plaintiff, owner of a certain quarter section of land, entered into an oral contract with the defendant for the sale of wild grass then growing thereon, the agreed price being $75, no part of which has been paid. Afterwards the defendant entered upon the land, and cut one swath of this grass, about five feet wide and forty 'rods long. The defendant did not remove the cut grass, nor did he again enter upon the premises. No part of the remainder was cut by either plaintiff or defendant. The court below held…
2Cases cited3 opinions
- Sparrow v. PondSupreme Court of Minnesota · 1892
- Kammrath v. KiddSupreme Court of Minnesota · 1903
- Erickson v. PatersonSupreme Court of Minnesota · 1891
3Cited by8 opinions
- State v. EvansSupreme Court of Minnesota · 1906
- Vought v. KanneCourt of Appeals for the Eighth Circuit · 1926
- Simanek v. NemetzWisconsin Supreme Court · 1903
- La Plant v. LovelandSupreme Court of Minnesota · 1919
- Clarke v. Alstores Realty Corp.Court of Appeals of Washington · 1974
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