Lovering v. Webb Publishing Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county for an accounting between plaintiff and defendant, for the purpose of ascertaining the accurate number of copies of a certain periodical printed by defendant for plaintiff, pursuant to its contract, and also to determine all sums which plaintiff has paid defendant on' account of the contract and that plaintiff have judgment against rUfendant for the amount in excess of the amount due defendant which plaintiff has paid.
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Action in the district court for Ramsey county for an accounting between plaintiff and defendant, for the purpose of ascertaining the accurate number of copies of a certain periodical printed by defendant for plaintiff, pursuant to its contract, and also to determine all sums which plaintiff has paid defendant on' account of the contract and that plaintiff have judgment against rUfendant for the amount in excess of the amount due defendant which plaintiff has paid. From an order, Kelly, J., overruling its demurrer to the amended complaint, defendant appealed.
1Opinion of the CourtElliott, J.
This is an appeal from an order overruling a general demurrer to the complaint, and the sole question is whether the complaint states facts which entitle the plaintiff to any substantial relief.
It is alleged in substance that the plaintiff, being the owner and publisher of a certain monthly publication which was regularly mailed to subscribers in the city of St. Paul, entered into a contract with the defendant whereby the defendant covenanted, contracted, and agreed with the plaintiff that it would print said monthly publication and mail and deposit the same and all copies thereof in the…
2Cases cited5 opinions
- Clark v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1881
- Curtiss v. LivingstonSupreme Court of Minnesota · 1887
- Kenaston v. LorigSupreme Court of Minnesota · 1900
- Leuthold v. YoungSupreme Court of Minnesota · 1884
- Dye v. ForbesSupreme Court of Minnesota · 1885
3Cited by3 opinions
- Lovering v. Webb Publishing Co.Supreme Court of Minnesota · 1909
- Mannheimer v. PhinneySupreme Court of Minnesota · 1926
- Mogren v. FinleySupreme Court of Minnesota · 1910