Thompson v. Libby
Supreme Court of Minnesota
Action brought in the district court for Dakota county, to recover the price of logs sold and delivered. After the decision of the second of the former appeals mentioned in the opinion, the defendant .amended his answer.
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Action brought in the district court for Dakota county, to recover the price of logs sold and delivered. After the decision of the second of the former appeals mentioned in the opinion, the defendant .amended his answer. The amended answer states that the logs were delivered under an agreement made June 1, 1883, and signed .by defendant and by plaintiff’s agent, as follows: “I have this day sold to B. C. Libby, of Hastings, Minnesota, all my logs marked ‘H. ■C. A.,’ cut in the winters of 1882 and 1883, for ten dollars a thousand feet boom scale at Minneapolis, Minnesota, payments cash as fast…
1Opinion of the CourtMitchell, J.
This case has already been twice before this court. 34 Minn. 374, (26 N. W. Rep. 1,) and 35 Minn. 443, (29 N. W. Rep. 150.) Since it was last here, defendant has amended his answer, setting up deceit and fraudulent representation on part of plaintiff, by reason of which defendant was induced to enter into the contract. There is no question of breach of warranty in the case. That has been entirely eliminated by the decisions of this court on the former appeals. The answer is an attempt to recoup damages caused by the alleged fraud and deceit. It will be recollected that the contract was, at…
2Cases cited6 opinions
- People v. . StephensNew York Court of Appeals · 1878
- Thompson v. LibbySupreme Court of Minnesota · 1885
- Whitney v. . AllaireNew York Court of Appeals · 1848
- Mallory v. LeachSupreme Court of Vermont · 1862
- Parker v. MarquisSupreme Court of Missouri · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Deerhurst Estates v. Meadow Homes, Inc.New Jersey Superior Court Appellate Division · 1960
- Tuttle v. StovallSupreme Court of Georgia · 1910
- Kingman & Co. v. StoddardCourt of Appeals for the Seventh Circuit · 1898
- McDonough v. WilliamsSupreme Court of Arkansas · 1905
- Bean v. BickleySupreme Court of Iowa · 1919
37 more not listed; retrieve them via the Exa API.