McAlpine v. Millen
Supreme Court of Minnesota
Action in the district court for St. Louis county for an accounting under a certain contract, or in case an accounting cannot be had that defendant be required to account to and pay over to plaintiff the full value of all timber turned over to him under the contract. Defendant interposed a counterclaim in the sum of $17,975 for money loaned to plaintiff.
Read the full summary
Action in the district court for St. Louis county for an accounting under a certain contract, or in case an accounting cannot be had that defendant be required to account to and pay over to plaintiff the full value of all timber turned over to him under the contract. Defendant interposed a counterclaim in the sum of $17,975 for money loaned to plaintiff. The case was tried before Dibell, J., who made findings and ordered judgment in favor of defendant for $19,240.72 and that he is the owner of the assets set over to him in the findings. From an order denying plaintiff’s motion for a new…
1Opinion of the CourtElliott, J.
In August, 1902, the appellant, McAlpine, purchased from Richardson & Avery a large tract of timber in Rake county, Minnesota, for which he agreed to pay $240,000. Of this sum $60,000 was paid in cash when the contract was signed, and the balance was payable in three annual instalments of $60,000 each, with interest on ,the deferred payment at the rate of five per cent, per annum. McAlpine was also the owner of a state timber permit, on which' he had paid $1,500 and was obligated to pay the balance of the purchase price of the timber cut therefrom at the rate of $7.50 per thousand. Ón…
2Cases cited6 opinions
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Brooks v. MartinSupreme Court of the United States · 1864
- Mitchell v. . ReedNew York Court of Appeals · 1874
- McDonald v. CampbellSupreme Court of Minnesota · 1905
- Williamson v. MonroeU.S. Circuit Court for the District of Western Arkansas · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Thompson v. SchmittTexas Supreme Court · 1925
- Cyrus v. CyrusSupreme Court of Minnesota · 1954
- Lipinski v. LipinskiSupreme Court of Minnesota · 1949
- Claude v. ClaudeOregon Supreme Court · 1951
- H. F. Shepherdson Co. v. Central Fire Insurance Co.Supreme Court of Minnesota · 1945
16 more not listed; retrieve them via the Exa API.