O'Brien v. Whyte
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $868.86, the purchase price of certain'posts cut by plaintiff and sold by him to> defendant under written contract of salé. The facts alleged in the answer and reply are stated in the opinion.
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Action in the district court for St. Louis county to recover $868.86, the purchase price of certain'posts cut by plaintiff and sold by him to> defendant under written contract of salé. The facts alleged in the answer and reply are stated in the opinion. The case was tried before Dibell, J., and a jury which returned a verdict in favor of plaintiff for $863.30. Erom an order denying defendant’s alternative motion for judgment notwithstanding the verdict or for a new trial, it appealed.
1Opinion of the CourtLewis, J.
This action was brought to recover the purchase price of certain cedar posts, alleged to have been sold to appellant according to the terms of a written contract, executed May 19, 1909. The answer admitted the execution of the contract and delivery of the posts, but justified refusal of payment upon the ground that the posts were cut from land which belonged to another party; that respondent was a trespasser in cutting and removing the same, and had not title thereto ; that respondent knew he was a trespasser, and that an action in replevin had been commenced against him by the true owner;…
2Cases cited1 opinion
- Katz v. HlavacSupreme Court of Minnesota · 1902
3Cited by4 opinions
- Steele v. Marlborough Hall Corp.California Court of Appeal · 1929
- Roberts v. MooneySouth Dakota Supreme Court · 1937
- Republic State Co. v. BrownSupreme Court of Minnesota · 1924
- A & a CREDIT CO. v. BerquistSupreme Court of Minnesota · 1950