Legal Opinion

Graves v. Walter

Supreme Court of Minnesota

Decided November 18, 1904No. Nos. 14,005—(67)PublishedCited by 3 opinions

Action in replevin in the district court for Big Stone county, to recover certain grain in possession of defendant. The case was tried before Flaherty, J., who granted a motion to dismiss upon the close of plaintiff’s testimony. From an order denying a motion for a new trial, plaintiff appealed.

1Opinion of the CourtStart, C. J.

The parties hereto on September 18, 1901, entered into a written contract whereby the defendant was to farm certain land belonging to the plaintiff on shares for the year ending October 1, 1903. The contract provided that the defendant should receive two-thirds of the crops to be raised on the land, and the plaintiff the other one-third. The contract was substantially like those construed and considered in the cases of Strangeway v. Eisenman, 68 Minn. 395, 71 N. W. 617; Anderson v. Liston, 69 Minn. 83, 73 N. W. 52; Avery v. Stewart, 75 Minn. 106, 77 N. W. 560, 78 N. W. 344; and McNeal v.…

2Cases cited5 opinions

  1. McNeal v. RiderSupreme Court of Minnesota · 1900
  2. Cowley v. DavidsonSupreme Court of Minnesota · 1868
  3. Strangeway v. EisenmanSupreme Court of Minnesota · 1897
  4. Smith v. JordanSupreme Court of Minnesota · 1868
  5. Avery v. StewartSupreme Court of Minnesota · 1898

3Cited by3 opinions

  1. Seifen v. City of RacineWisconsin Supreme Court · 1906
  2. Clark v. Cargill Elevator Co.Supreme Court of Minnesota · 1924
  3. Prudoehl v. RandallSupreme Court of Minnesota · 1909

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