Legal Opinion

Dennis v. Spencer

Supreme Court of Minnesota

Decided November 11, 1892PublishedCited by 12 opinions

Appeals by defendant, Samuel Spencer, and by John J. Nelson, intervener, from an order of the District Court of Meeker County, Powers, J., made December 29, 1891, denying their motions for a new trial. Eben Dennis and Samuel Spencer, on April 16, 1889, entered into a contract whereby Dennis agreed to sell and deliver to Spencer five hundred yearling steers, and Spencer agreed to pay therefor $8.25 each.

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Appeals by defendant, Samuel Spencer, and by John J. Nelson, intervener, from an order of the District Court of Meeker County, Powers, J., made December 29, 1891, denying their motions for a new trial. Eben Dennis and Samuel Spencer, on April 16, 1889, entered into a contract whereby Dennis agreed to sell and deliver to Spencer five hundred yearling steers, and Spencer agreed to pay therefor $8.25 each. Eben Dennis assigned this contract to his father, the plaintiff, T. A. Dennis, and the cattle were duly delivered by the latter May 24, 1889. Spencer paid $500 to Eben Dennis at the time the…

1Opinion of the CourtCollins, J.

The nature of this action will sufficiently appear upon the perusal of an opinion filed on the determination of a former appeal. Dennis v. Spencer, 45 Minn. 250, (47 N. W. Rep. 795.) Thereafter answer was made to an amended complaint, and one of these appellants then filed his complaint in intervention, claiming a right so to do under the provisions of 1878 G. S. ch. 66, § 131. At *261the trial of the action this pleading was stricken out on plaintiff’s motion, and an application for leave to interpose and serve another complaint in intervention was denied by the court. The verdict was against…

2Cases cited3 opinions

  1. Lewis v. HarwoodSupreme Court of Minnesota · 1881
  2. Wohlwend v. J. I. Case Threshing-Machine Co.Supreme Court of Minnesota · 1890
  3. Dennis v. SpencerSupreme Court of Minnesota · 1891

3Cited by12 opinions

  1. Morgareidge v. HoweySupreme Court of Florida · 1918
  2. Wightman v. Evanston Yaryan Co.Illinois Supreme Court · 1905
  3. Commonwealth v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1922
  4. Jersey Maid Milk Products Co. v. BrockCalifornia Supreme Court · 1939
  5. Faricy v. St. Paul Investment & Savings SocietySupreme Court of Minnesota · 1910

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