Saunders v. James Gallagher
Supreme Court of Minnesota
Appeal by plaintiff, O. W. Saunders, from an order of the District Court of Carlton County, O. P. Stearns, J., made January 14, 1893, denying his motion for a new trial. Between December 17, 1889, and June 5, 1890, James Gallagher, the defendant, cut, hauled and banked on St. Louis River, a quantity of saw-logs for the plaintiff.
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Appeal by plaintiff, O. W. Saunders, from an order of the District Court of Carlton County, O. P. Stearns, J., made January 14, 1893, denying his motion for a new trial. Between December 17, 1889, and June 5, 1890, James Gallagher, the defendant, cut, hauled and banked on St. Louis River, a quantity of saw-logs for the plaintiff. The question in dispute between them was whether defendant agreed to do this work for $3.25 per thousand feet and pay all expenses, as claimed by plaintiff, or was to have $1,000 for his personal services and be repaid all his expenditures in the business, as claimed…
1Opinion of the CourtGileillan, C. J.
The evidence on the issue in the case was conflicting, the two parties testifying directly contrary to each other. The testimony of plaintiff was to some extent corroborated, but it left a fair question for the jury to determine which was the true account, and we can easily see how, from the appearance and demeanor of the witnesses, and the'ir manner of testifying, the jury *423might credit defendant rather than plaintiff. Their decision is final.
The plaintiff having testified that defendant accepted his offer of $3.25 per M. for doing the 'work, the defendant having squarely testified to the…
2Cases cited3 opinions
- Schwerin v. De GraffSupreme Court of Minnesota · 1875
- Miller v. LambSupreme Court of Minnesota · 1875
- Kumler v. FergusonSupreme Court of Minnesota · 1862
3Cited by3 opinions
- Cochrane v. West Duluth Industrial Construction & Improvement Co.Supreme Court of Minnesota · 1896
- Albertini v. LindenMontana Supreme Court · 1911
- Shakespeare v. BaughmanMichigan Supreme Court · 1897