Legal Opinion

W. H. Ferrell & Co. v. Great Northern Railway Co.

Supreme Court of Minnesota

Decided November 8, 1912No. Nos. 17,702—(38)PublishedCited by 4 opinions

Action in the district court for Mille Lacs county upon twenty-three causes of action to recover $46,525 for breach of contract to furnish refrigerator cars for the shipment of potatoes at the several stations mentioned in the complaint.

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Action in the district court for Mille Lacs county upon twenty-three causes of action to recover $46,525 for breach of contract to furnish refrigerator cars for the shipment of potatoes at the several stations mentioned in the complaint. The answer specifically denied' that defendant ever agreed to furnish plaintiffs cars for shipment off potatoes in the numbers, or at the times, stated in the complaint, and alleged no sufficient or lawful demand was ever made by plaintiff for the shipment of potatoes as required by the laws of the state. It also alleged that defendant furnished cars as…

1Opinion of the CourtBrown, J.

Action to recover damages for the breach of an alleged contract to furnish refrigerator cars for the shipment of certain property, in which plaintiff had a verdict, and defendant appealed from the judgment rendered thereon after a denial of its motion for judgment notwithstanding the verdict. The case was before us on a former appeal, where it was held that the complaint stated a cause of action for breach of contract. 114 Minn. 531, 131 N. W. 1135. We follow that decision.

It is unnecessary to set out the allegations of the complaint at length, or the proceedings preliminary to the…

2Cases cited3 opinions

  1. Chicago & Alton Railroad v. KirbySupreme Court of the United States · 1912
  2. Cruikshank v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1899
  3. W. H. Ferrell & Co. v. Great Northern Railway Co.Supreme Court of Minnesota · 1911

3Cited by4 opinions

  1. Alexandria & W. Ry. Co. v. Long Pine Lumber Co.Supreme Court of Louisiana · 1922
  2. Opperud v. ByramSupreme Court of Minnesota · 1928
  3. Knapp v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1916
  4. Vander Zyl v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1922

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