Gibbons v. Bente
Supreme Court of Minnesota
Appeal by defendant, Ole O. Bente, from an order of the District. Court of Stearns County, Searle, J., made August 24, 1891, denying a new trial. The plaintiff, D. F. Gibbons, brought this action to recover of defendant $1.00 and interest.
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Appeal by defendant, Ole O. Bente, from an order of the District. Court of Stearns County, Searle, J., made August 24, 1891, denying a new trial. The plaintiff, D. F. Gibbons, brought this action to recover of defendant $1.00 and interest. The complaint stated that D. J. Davis and Thomas Rankin on September 17, 1890, at Brooten, Minnesota,, agreed to build at that place in ninety days or thereabout a combined creamery and cheese factory for defendant and others, and that in consideration thereof defendant agreed to pay them $100,. one-third in cash, one-third in sixty days and the residue in…
1Opinion of the CourtCollins, J.
The contract out of which this litigation arises was an executory one, entered into by Davis & Eankin, of the first part, (by plaintiff, who was then their agent, and has succeeded to their rights under the contract by assignment,) and defendant, with some sixty other persons, as parties of the second part. In it the parties of the first part agreed to erect and complete a butter and cheese factory for those of the second part within ninety days after the amount of the contract price had been obtained by subscription, — the scheme being to secure subscribers to the stock of a corporation in…
2Cases cited7 opinions
- Hinckley v. Pittsburgh Bessemer Steel Co.Supreme Court of the United States · 1887
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
- W. R. Danforth & Co. v. WalkerSupreme Court of Vermont · 1864
- American Life Insurance v. McAdenSupreme Court of Pennsylvania · 1885
- Collins v. DelaporteMassachusetts Supreme Judicial Court · 1874
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- Ault v. DustinTennessee Supreme Court · 1898
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