Cowley v. Davidson
Supreme Court of Minnesota
This action was commenced in the Ramsey County District Court. The complaint sets out an agreement entered into on the 15th day of April, 1864, between the plaintiff and defendant, by which defendant agreed to transport from Ottawa, Minnesota, and to deliver to plaintiff’s assignees at Milwaukee, Wisconsin, 5,000 bushels of wheat, on or before May 20th, 1864, in consideration that plaintiff should furnish such wheat at Ottawa, and upon its delivery at Milwaukee pay defendant…
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This action was commenced in the Ramsey County District Court. The complaint sets out an agreement entered into on the 15th day of April, 1864, between the plaintiff and defendant, by which defendant agreed to transport from Ottawa, Minnesota, and to deliver to plaintiff’s assignees at Milwaukee, Wisconsin, 5,000 bushels of wheat, on or before May 20th, 1864, in consideration that plaintiff should furnish such wheat at Ottawa, and upon its delivery at Milwaukee pay defendant 33 cents per bushel for such transportation and delivery; and in case of the failure so to deliver said wheat or any…
1Opinion of the Court
By the Court —
Beret, J.
— The complaint in this action sets out a contract between the parties, and avers a breach thereof. The demurrer admitting the truth of the complaint, the respondent is entitled to nominal damages at any rate. Sedg. on Dam., (47); 3 Par. Con., 217, 218; 2 Gr. Ev., Sec. 254. The complaint therefore contained facts sufficient to constitute a cause of action, and so the demurrer was properly overruled. If the allegation of the complaint in which the respondent seeks to lay down the rule by which his special damages are to be estimated, are insufficient or irrelevant, the…
2Cited by6 opinions
- Sunnyside Land Co. v. Willamette Bridge Railway Co.Oregon Supreme Court · 1891
- Hudson v. ArcherSouth Dakota Supreme Court · 1893
- Gabriel v. Kildare Elevator Co.Supreme Court of Oklahoma · 1907
- Cline v. Tampa Water Works Co.Supreme Court of Florida · 1903
- Kent v. Halliday BrothersSupreme Court of Rhode Island · 1901
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