Legal Opinion

Herrick v. Newell

Supreme Court of Minnesota

Decided March 24, 1892PublishedCited by 9 opinions

Appeal by plaintiff, Avery Herrick, from a judgment of the District Court of Fillmore County, Farmer, J., entered July 18,-1891, in favor of defendant, Joseph Newell, for $17 costs and disbursements.

1Opinion of the CourtDickinson, J.

This action was commenced in the court of a justice of the peace. The plaintiff recovered a judgment for $4.25. The defendant appealed to the district court on questions of law *199alone, and the judgment of the justice was reversed. The plaintiff then appealed to this court.

The complaint is sustainable, as showing that the defendant assumed to sell to the plaintiff a half acre of standing- timber, and agreed that the latter might at any time enter upon the land, and cut and take away the timber; that the plaintiff paid the defendant therefor $8.50, the price agreed upon; that the defendant…

2Cases cited3 opinions

  1. Bennett v. PhelpsSupreme Court of Minnesota · 1867
  2. Radley v. O'LearySupreme Court of Minnesota · 1886
  3. Taylor v. ReadSupreme Court of Minnesota · 1872

3Cited by9 opinions

  1. Todd v. BettingenSupreme Court of Minnesota · 1910
  2. Fish v. CapwellSupreme Court of Rhode Island · 1894
  3. La Plant v. LovelandSupreme Court of Minnesota · 1919
  4. Payne v. HackneySupreme Court of Minnesota · 1901
  5. McCallum v. National Credit InsuranceSupreme Court of Minnesota · 1901

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