Mead v. Rat Portage Lumber Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $1,500 and interest for saw logs sold and delivered to defendant. The case was tried before Ensign, J., who directed a verdict in favor of plaintiff for the sum demanded. From an order denying a motion for judgment notwithstanding the verdict and granting a motion for a new trial, plaintiff appealed.
Read the full summary
Action in the district court for St. Louis county to recover $1,500 and interest for saw logs sold and delivered to defendant. The case was tried before Ensign, J., who directed a verdict in favor of plaintiff for the sum demanded. From an order denying a motion for judgment notwithstanding the verdict and granting a motion for a new trial, plaintiff appealed. Whether the action for indebitatus assumpsit would lie under the circumstances, of this case is, in fact, immaterial, and while there is some authority to the contrary, and the question has perhaps never been decided directly in this…
1Opinion of the CourtStart, C. J.
The complaint herein alleged that in the month of June, 1899, the defendant was indebted to the plaintiff in the sum of $14,353.78 for the price and value of logs and timber sold and delivered by the plaintiff to the defendant at its request; that, in consideration of such sale and delivery, the defendant agreed and promised to and with the plaintiff to pay him that amount of money, which was then and there the reasonable value of such logs and timber; and that it has failed to do so, except that it paid thereon $12,853.78, leaving a balance due to the plaintiff of $1,500. The answer alleged…
2Cases cited3 opinions
- Mobile Fruit & Trading Co. v. McGuireSupreme Court of Minnesota · 1900
- Larson v. SchmausSupreme Court of Minnesota · 1884
- Churchill v. HoltonSupreme Court of Minnesota · 1888
3Cited by1 opinion
- Ecker v. IsaacsSupreme Court of Minnesota · 1906