Smith v. Roberts
Supreme Court of Minnesota
Action brought in the district court for Traverse county, to recover possession of 1,000 bushels of wheat, raised by one Prescott on a farm cultivated by him, and claimed by the defendant Roberts by virtue of a chattel mortgage made to her by him.
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Action brought in the district court for Traverse county, to recover possession of 1,000 bushels of wheat, raised by one Prescott on a farm cultivated by him, and claimed by the defendant Roberts by virtue of a chattel mortgage made to her by him. The farm was cultivated by Prescott under a contract with Bessie I. Van Doren, the owner, which contained the provisions quoted in the opinion, and also provided that until division the title to the crops should remain in Mrs. Van Doren. The plaintiff claimed title as assignee of a seed-grain note, made by Prescott to Mrs. Van Doren, and under a…
1Opinion of the CourtCollins, J.
Appellant’s assignments of error numbered one, two, and four are evidently founded upon a misapprehension in regard to a clause in the contract with Prescott under which he carried on the farm. This clause — so far as is material here — is that Prescott shall not “sell or remove, or suffer to be sold or removed, any of the products or produce of said farm or premises, of any kind, character, or description, until the division thereof, without the written consent” of the owner of the farm. The words “without the written consent” do not refer to a division of what may be produced; they simply…
2Cases cited3 opinions
- Nash v. BrewsterSupreme Court of Minnesota · 1888
- Kelly v. SeelySupreme Court of Minnesota · 1880
- Wallace v. PalmerSupreme Court of Minnesota · 1886
3Cited by1 opinion
- Warder-Bushnell & Glessner Co. v. Minnesota & Dakota Elevator Co.Supreme Court of Minnesota · 1890