Fredette v. Thomas
Supreme Court of Minnesota
Appeal by defendant, Morris Thomas, from a judgment of the District Court of St. Louis County, J. D. Ensign, J., entered December 7, 1892, against him for $428.02. On November 20, 1890, the plaintiff, Joseph Fredette, made a contract in writing with defendant to cut into logs and piles the merchantable timber on Section 36, T. 48, R. 16, in' Carlton County, and deliver the same to defendant on or before April 10, 1891, upon the right of way of the Northern Pacific Railroad…
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Appeal by defendant, Morris Thomas, from a judgment of the District Court of St. Louis County, J. D. Ensign, J., entered December 7, 1892, against him for $428.02. On November 20, 1890, the plaintiff, Joseph Fredette, made a contract in writing with defendant to cut into logs and piles the merchantable timber on Section 36, T. 48, R. 16, in' Carlton County, and deliver the same to defendant on or before April 10, 1891, upon the right of way of the Northern Pacific Railroad near Carlton Station at points most convenient for loading them onto cars. Defendant agreed to pay for logs so delivered…
1Opinion of the CourtMitchell, J.
Aside from the question of quantity or amount, the only issue in this case was whether, at the time the logs were destroyed, on May 6th, there had been a delivery sufficient to pass the property, and consequently the risk, from plaintiff, the seller, to defendant, the buyer. It seems to us that, upon the undisputed facts, the written contract of the parties is decisive of that question. It expressly provides what the mode or manner of delivery shall be, to wit, placing the logs, on or before April 10th, on the railroad right of way near Carlton Station, in the most convenient position for…
2Cases cited2 opinions
- McGrath v. CannonSupreme Court of Minnesota · 1893
- Potsdamer v. KruseSupreme Court of Minnesota · 1894
3Cited by5 opinions
- E. L. Welch Co. v. Lahart Elevator Co.Supreme Court of Minnesota · 1913
- Potter v. HolmesSupreme Court of Minnesota · 1898
- Gardner v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1912
- Jock v. O'MalleySupreme Court of Minnesota · 1917
- Jones v. Minnesota & Manitoba RailroadSupreme Court of Minnesota · 1906