Legal Opinion

Atkins v. Little

Supreme Court of Minnesota

Decided July 15, 1871PublishedCited by 14 opinions

The plaintiffs, as partners, sold to defendant Little a steam engine, machinery and materials, and brought this action in the district court for Goodhue county, to recover from him the amount remaining due upon the sale, and also to establish and enforce a lien for such amount against the articles sold, and against a steam saw-mill, in which they had been placed and used by Little, and against the lot in which such mill was situated.

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The plaintiffs, as partners, sold to defendant Little a steam engine, machinery and materials, and brought this action in the district court for Goodhue county, to recover from him the amount remaining due upon the sale, and also to establish and enforce a lien for such amount against the articles sold, and against a steam saw-mill, in which they had been placed and used by Little, and against the lot in which such mill was situated. The defendants, McGlashen and Sanderson, were made parties to the suit, as claiming an interest in the lot against which it was sought to enforce the lien.…

1Opinion of the Court

By tne Court.

Ripley, Ch. J.

The judge, before whom this case was tried without a jury, finds as matters of fact, that on April 19th, 1862, by contract of that date under their hands and seals, one James Lawther agreed to sell to one T. J. Little lot No. one in block No. fifyt-one in Red Wing, and to execute and deliver to him a warranty deed thereof, upon condition that said Little should pay therefor $300, as follows: his three promissory notes, payable in lumber at as low a price as the same quality of lumber could be bought in Red Wing, as follows: $100 on demand after June 20th, 1862, $100…

2Cases cited8 opinions

  1. Tuttle v. HoweSupreme Court of Minnesota · 1869
  2. Monroe v. WestSupreme Court of Iowa · 1861
  3. Cogel v. MickowSupreme Court of Minnesota · 1866
  4. Gill v. NewellSupreme Court of Minnesota · 1868
  5. Hodgins v. HeaneySupreme Court of Minnesota · 1870

3 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Springer v. KroeschellIllinois Supreme Court · 1896
  2. State v. Duluth Board of TradeSupreme Court of Minnesota · 1909
  3. James Quirk Milling Co. v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1906
  4. Stearns-Roger Manufacturing Co. v. Aztec Gold Mining & Milling Co.New Mexico Supreme Court · 1908
  5. Adams v. ManningUtah Supreme Court · 1915

9 more not listed; retrieve them via the Exa API.

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