John Martin Lumber Co. v. Howard
Supreme Court of Minnesota
Appeal by defendants, William E. Howard, Henrietta J. Howard, bis wife, Winnie L. Taylor, Chester E. Smith, and Oscar L. Taylor, from an order of the District Court of Eamsey County, Kerr, J., made September 19, 1891, refusing their application for a new trial.
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Appeal by defendants, William E. Howard, Henrietta J. Howard, bis wife, Winnie L. Taylor, Chester E. Smith, and Oscar L. Taylor, from an order of the District Court of Eamsey County, Kerr, J., made September 19, 1891, refusing their application for a new trial. The plaintiff, the John Martin Lumber Company, on October 16, 1890, and on other days between that day and December 1, 1890, sold and delivered to Fred J. Nicholson lumber to be used in building a house and barn on lots twenty-one (21) and twenty-two (22) in block thirteen (13) in Butterfield’s Syndicate Addition No. 1 to St. Paul..…
1Opinion of the CourtCollins, J.
Action to foreclose a lien for materials furnished and used in the erection of a house and barn on contiguous lots, twenty-one (21) and twenty-two (22,) in block thirteen (13,) in one of the additions to St. Paul.
The salient facts were as follows: On August 19, 1890, defendant W. E. Howard was the owner of these lots, and had verbally listed them for sale with the real-estate firm of Smith & Taylor, also made defendants. On that day this firm executed and delivered to defendant Nicholson a writing, signed “ W. E. Howard, by Smith & Taylor, Agents,” in which it was recited that Nicholson had…
2Cited by4 opinions
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