Webb v. Fisher
Supreme Court of Minnesota
Appeal by defendant, W. H. Fisher, from an order of the District Court of Polk County, Gorham Powers, J., made November 10,1893, denying his motion for a new trial.
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Appeal by defendant, W. H. Fisher, from an order of the District Court of Polk County, Gorham Powers, J., made November 10,1893, denying his motion for a new trial. The plaintiff, Isaac W. Webb, by his complaint alleged that between November 1,1889, and January 23, 1891, he sold and delivered to defendant at his request twenty tons of hay worth $6 per ton and thirty three cords of wood at $3.50 per cord, that defendant paid thereon $36 in work and $23.40 in freight on the wood, but no more, and demanded judgment for the balance, $176.10 and interest. Defendant by answer admitted that he…
1Opinion of the CourtCollins, J.
Under the pleadings in this action, it was clearly competent for plaintiff to show that defendant’s men, under tbe direction of bis farm foreman, cut grass for defendant belonging to the plaintiff, made bay thereof and stacked it upon tbe meadow under an arrangement that, when stacked, plaintiff and defendant should each own half; and tbe value of tbe standing grass was immaterial, for that question was not within tbe issues. This disposes of tbe first three assignments of error.
Tbe fourth and fifth assignments relate to tbe refusal of tbe court to charge as requested by defendant’s counsel.…
2Cited by2 opinions
- Ingalls v. ObergSupreme Court of Minnesota · 1897
- Lane v. Minnesota State Agricultural SocietySupreme Court of Minnesota · 1896