Vachon v. Nichols-Chisholm Lumber Co.
Supreme Court of Minnesota
Action in the district court for Becker county by the administrator of the estate of Nay-tah-waush, deceased, to recover $5,490' alleged to be due upon a certain nonnegotiable duebill. The complaint set out the terms of the duebill, by which defendant agreed to pay it “within fifteen days after the patent from the United States government shall have been issued and delivered to said Nichols-Chisholm Lumber Co., at Frazee-, Minnesota.” Defendant demurred to the complaiñt.
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Action in the district court for Becker county by the administrator of the estate of Nay-tah-waush, deceased, to recover $5,490' alleged to be due upon a certain nonnegotiable duebill. The complaint set out the terms of the duebill, by which defendant agreed to pay it “within fifteen days after the patent from the United States government shall have been issued and delivered to said Nichols-Chisholm Lumber Co., at Frazee-, Minnesota.” Defendant demurred to the complaiñt. From an order, Baxter, J., overruling; the demurrer, it appealed.
1Per curiam
Defendant executed and delivered to John Nay-tah-waush its due-bill for $5,490, a balance due upon the price of certain timber purchased by defendant. The amount was, by the instrument, made payable “within fifteen days after the patent from the United States-government shall have been issued and delivered to the said Nichols-Chisholm Lumber Company, at Frazee, Minnesota.” The payee died. An administrator of his estate was appointed and resigned, and thereafter plaintiff was appointed, and brought this action, as administrator, to recover upon the duebill. A demurrer interposed to the…
2Cited by2 opinions
- St. Paul Sash, Door & Lumber Co. v. BerknerSupreme Court of Minnesota · 1917
- Metropolitan National Bank v. Gold Stabeck Co.Supreme Court of Minnesota · 1924