Wilson v. Clarke
Supreme Court of Minnesota
Appeal from an order of the district court for Stearns county, overruling a demurrer to the complaint. The complaint sets forth a written agreement between the parties, in which is recited a contract of the defendant with the United States, • for the transportation of military supplies, and by which the plaintiff agrees to provide teams, wagons and teamsters for the transportation of such supplies and other freight for the defendant, and to transport said freight, &c.; and…
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Appeal from an order of the district court for Stearns county, overruling a demurrer to the complaint. The complaint sets forth a written agreement between the parties, in which is recited a contract of the defendant with the United States, • for the transportation of military supplies, and by which the plaintiff agrees to provide teams, wagons and teamsters for the transportation of such supplies and other freight for the defendant, and to transport said freight, &c.; and the defendant agrees, in consideration of the premises, “ to furnish and deliver to the party of the first part, (the…
1Opinion of the Court
By the Court.
MoMillan, Ch. J.
The agreement upon the part of Clarke, the appellant, was not an unconditional one; it was, to deliver to the plaintiff freight for transportation, as it should be received by, and delivered to him by the United States authorities, under the agreement with Spurr, or other sources, and under the further qualifications stated in the agreement. Under the terms of the agreement upon which *369this action is brought, until freight was delivered to Clarke, and the happening of the other contingencies mentioned in the agreement, there was no obligation upon him to deliver…
2Cases cited1 opinion
- Julliand v. BurgottNew York Supreme Court · 1814
3Cited by7 opinions
- Sunnyside Land Co. v. Willamette Bridge Railway Co.Oregon Supreme Court · 1891
- Sherlag v. KelleyMassachusetts Supreme Judicial Court · 1908
- Jacobs Sultan Co. v. Union Mercantile Co.Montana Supreme Court · 1895
- Sheffield Steel & Iron Co. v. Jos. Joseph & Bros.Appellate Court of Illinois · 1925
- Pacific Bridge Co. v. Oregon Hassam Co.Oregon Supreme Court · 1913
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