Plummer v. Mold
Supreme Court of Minnesota
Appeal by plaintiffs from an order of the district court for Chisago, Pine and Kanabec counties, Crosby, J., presiding, refusing a new trial after verdict for defendant. To the statement of the case in the opinion it is necessary to add merely that the complaint alleges that the quantity of lumber sawed under the contract sued on was 74,261 feet, that the contract was made March 1, 1867, and the lumber sawed between that date and May 27 following.
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Appeal by plaintiffs from an order of the district court for Chisago, Pine and Kanabec counties, Crosby, J., presiding, refusing a new trial after verdict for defendant. To the statement of the case in the opinion it is necessary to add merely that the complaint alleges that the quantity of lumber sawed under the contract sued on was 74,261 feet, that the contract was made March 1, 1867, and the lumber sawed between that date and May 27 following. The lumber sawed by plaintiffs for defendant in July, 1867, amounted to 1,456 feet.
1Opinion of the CourtGilpillan, C. J.
This was an action to recover for sawing a quantity of logs. The complaint alleges a specified price agreed on, and also that the sawing was reasonably worth such price. The answer denies the allegation that there was an agreed price, and also denies the value as-alleged in the complaint, and states a less value, and sets-up a counter-claim for damages from plaintiff’s improperly sawing the logs.
The statement of the case does not show that it contains-all the evidence, and in such case the court presumes that there was sufficient to justify the findings.
On the trial the court required the…
2Cases cited1 opinion
- Hawley v. WilkinsonSupreme Court of Minnesota · 1872
3Cited by25 opinions
- Wagner v. NagelSupreme Court of Minnesota · 1885
- Mellon v. FultonSupreme Court of Oklahoma · 1908
- Western Land Ass'n v. BanksSupreme Court of Minnesota · 1900
- Kinzel v. Boston & Duluth Farm Land Co.Supreme Court of Minnesota · 1914
- State v. CaseySupreme Court of Minnesota · 1962
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