National Car & Locomotive Builder v. Cyclone Steam Snow Plow Co.
Supreme Court of Minnesota
Appeal by plaintiff, the National Car and Locomotive Builder, from an order of the District Court of Hennepin County, Smith, J., made September 24, 1891, denying its motion for a new trial. The plaintiff is a corporation engaged in the business of publishing a newspaper at Minneapolis, Minn.
Read the full summary
Appeal by plaintiff, the National Car and Locomotive Builder, from an order of the District Court of Hennepin County, Smith, J., made September 24, 1891, denying its motion for a new trial. The plaintiff is a corporation engaged in the business of publishing a newspaper at Minneapolis, Minn. The defendant is a corporation and owned certain rights secured by letters patent for the construction and use of a snow plow invented by Edward P. Caldwell, called “Cyclone Steam Snow Plow.” These corporations entered into a contract as follows: 447 Rookery Building, Chicago, May 16th, 1890. The National…
1Opinion of the CourtDickinson, J.
Both these parties are corporations. In the year 1889 the .defendant obligated itself by contract to. pay to the plaintiff certain specified sums of money, amounting to a little more than $1,000, in consideration of the publication of certain advertisements by the plaintiff for the defendant. It was, however, expressed in the contract that such payment should be made “out of the proceeds out of the sale of the first plow,” which meant out of the proceeds of the first snow plow that should be sold by the defendant This action is for the recovery of the amounts thus agreed upon. The defense is…
2Cases cited2 opinions
- Van Eman v. StanchfieldSupreme Court of Minnesota · 1865
- Sanborn v. SturtevantSupreme Court of Minnesota · 1871
3Cited by8 opinions
- Loren Zutz Deb Zutz Ron Zutz, Doing Business as Zutz Farms, Appellees/cross-Appellants v. Case Corporation, Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 2005
- Barber v. MartinNebraska Supreme Court · 1903
- Zurich General Accident & Liability Insurance Co., Ltd., of Zurich v. Safe-T-Kros Drug Co.Indiana Court of Appeals · 1930
- Scott Mining & Smelting Co. v. ShultzSupreme Court of Kansas · 1903
- Clerihew v. West Side BankSupreme Court of Minnesota · 1892
3 more not listed; retrieve them via the Exa API.