Davis v. Mendenhall
Supreme Court of Minnesota
The plaintiffs, Charles F. Davis and Lewis Clark, partners as Davis & Clark, brought suit against Spratt in the district court for Stearns county, to recover for goods sold and delivered to him, and summoned Mendenhall as garnishee.
Read the full summary
The plaintiffs, Charles F. Davis and Lewis Clark, partners as Davis & Clark, brought suit against Spratt in the district court for Stearns county, to recover for goods sold and delivered to him, and summoned Mendenhall as garnishee. The garnishee summons was duly served on the garnishee on the 26th May, 1871. Upon his examination the garnishee denied that he was in any manner indebted to Spratt, or that he had property or effects in his hands or under his control belonging to Spratt, at the time of the service of the garnishee summons. Thereupon the plaintiffs, by leave of the court, filed…
1Opinion of the Court
By the Court.
Ripley, Ch. J.
The 688,000 feet of logs cut on government and railroad land not having been cut under the written agreement or at an agreed price, Mendenhall at the time of the service of the garnishee summons was liable to Spratt for the reasonable value of his services performed thereabout to that date.
The logs had then been cut, hauled and driven by Spratt *154into the outlet of Gull lake, where Bassett had taken them in charge. The referee finds that these services were reasonably worth $2,205, i. e., $3.75 per M. On this point Spratt says : “ All the way I could get at it would…
2Cases cited2 opinions
- Cooper v. BreckenridgeSupreme Court of Minnesota · 1866
- Hall v. SmithSupreme Court of Minnesota · 1870
3Cited by2 opinions
- Griswold v. County of RamseySupreme Court of Minnesota · 1954
- Brooks v. FieldsSupreme Court of Oklahoma · 1910