Legal Opinion

Drake v. Auerbach

Supreme Court of Minnesota

Decided December 9, 1887PublishedCited by 7 opinions

Replevin. The action was brought in the district court for Ramsey ■county, and tried before Kelly, J., and a jury, and plaintiff had a verdict, the jury assessing the value of the property at $158. De-iendants appeal from an order refusing a new trial.

1Opinion of the CourtCollins, J.

Plaintiff contracted with defendants to erect, for their' use, a business house in the city of St. Paul, for which defendants were to pay, as rent, a certain per cent, of its cost. After taking possession of the premises, a dispute arose between the parties as to the cost of construction, and defendants demanded that plaintiff furnish to them his vouchers. This plaintiff claimed he could not do,, alleging that they had been destroyed by fire; but he complied — so-far as he could — by procuring and delivering seven new or duplicate' vouchers, a general statement of expenditures, (which had…

2Cited by7 opinions

  1. Cook & Nichols v. PEAT, MARWICK, MITCHELLCourt of Appeals of Tennessee · 1971
  2. Pritchard v. NorwoodMassachusetts Supreme Judicial Court · 1892
  3. Vaughn v. WrightSupreme Court of Georgia · 1913
  4. Taft v. Smith, Gray & Co.Appellate Terms of the Supreme Court of New York · 1912
  5. Hipsley v. HipsleyAppellate Terms of the Supreme Court of New York · 1946

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