Carnegie Dock & Fuel Co. v. Midland Lumber & Coal Co.
Supreme Court of Minnesota
Action in the municipal court of Minneapolis to recover $389.53, the price of a carload of coal. The facts are stated in the first paragraph of the opinion. The case was tried before Montgomery, J., who made findings and ordered judgment in favor of plaintiff for $212.87. From an order denying its motion for a new trial, plaintiff appealed.
1Opinion of the Court
Taylor, C.
Plaintiff sold defendant a quantity of anthracite coal to be delivered on board cars at Duluth and claims to have delivered 83,500 pounds.- Defendant claims that plaintiff delivered only 52,750 pounds for which quantity it tendered payment. Plaintiff refused the tender and sued for the contract price for 83,500 pounds. The trial court fouud that only 52,750 pounds had been delivered and that plaintiff was entitled to recover payment for that quantity and no more. Plaintiff appealed from an order denying a new trial.
The coal was loaded into a box-ear at the docks in Duluth. The car…
2Cases cited5 opinions
- Oil Co. v. Van EttenSupreme Court of the United States · 1882
- Nelson v. Charles Betcher Lumber Co.Supreme Court of Minnesota · 1903
- Fortier v. Skibo Timber Co.Supreme Court of Minnesota · 1910
- Bissett v. Bryant Lumber Co.Supreme Court of North Carolina · 1911
- Owen v. J. Neils Lumber Co.Supreme Court of Minnesota · 1914
3Cited by2 opinions
- Weathers v. AndersonSupreme Court of Minnesota · 1971
- O'Laughlin v. St. Anthony & Dakota Elevator Co.Supreme Court of Minnesota · 1923