Garner v. Reis
Supreme Court of Minnesota
Complaint, that plaintiff and defendant, in March, 1873, entered into a contract whereby plaintiff was to buy, ship and deliver to defendant, at St. Paul, at plaintiff’s cost, sheep, to be there received by defendant, and by him butchered and sold; the expenses incurred after the delivery of the sheep, aside from the expense of butchering and selling them, and collecting the proceeds, were to be paid by defendant out of the proceeds of sale; and the profits were to be…
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Complaint, that plaintiff and defendant, in March, 1873, entered into a contract whereby plaintiff was to buy, ship and deliver to defendant, at St. Paul, at plaintiff’s cost, sheep, to be there received by defendant, and by him butchered and sold; the expenses incurred after the delivery of the sheep, aside from the expense of butchering and selling them, and collecting the proceeds, were to be paid by defendant out of the proceeds of sale; and the profits were to be divided in the proportion fixed in the contract. The complaint further alleges that the parties did business under the…
1Opinion of the CourtCornell, J.
The case disclosed by the pleadings is one of mutual accounts, arising out of the dealings of the parties plaintiff and defendant with each other, under a contract between them, by which they engaged and became interested in a common business enterprise, which was undertaken and carried on in pursuance of its provisions. The accounts comprise various items on each side, all of which refer to and form parts of the one single transaction, which originated in the contract. No separate claim or suit can be maintained upon any one of such items disconnected with the rest, and hence they cannot,…
2Cited by6 opinions
- Morton Brick & Tile Co. v. SodergrenSupreme Court of Minnesota · 1915
- Swanson v. AlworthSupreme Court of Minnesota · 1926
- Church v. Anti-Kalsomine Co.Michigan Supreme Court · 1898
- In Re Estate of EnyartSupreme Court of Minnesota · 1930
- Fair v. Stickney Farm Co.Supreme Court of Minnesota · 1886
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