Fortier v. Skibo Timber Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $6,135-.74 amount claimed to be due under a certain logging contract.
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Action in the district court for St. Louis county to recover $6,135-.74 amount claimed to be due under a certain logging contract. The complaint alleged that on or about January 10, 1909, plaintiff and defendant entered into a contract whereby plaintiff agreed to sell and deliver on or before April 1, 1909, to defendant on cars at plaintiff’s landing logs or timber then owned by him at the agreed price of $14 per thousand feet for green logs or timber, and at the rate of $10.50 per thousand feet for dead or stained logs or timber, in consideration whereof defendant agreed to pay plaintiff…
1Opinion of the CourtO’Brien, J.
This was an action to recover a claimed balance of the purchase price of logs sold and delivered to defendant under a contract. The logs were shipped by rail to defendant. The only dispute between the parties was the correct measurement or scale of the logs so shipped. The contract for the purchase, which was embodied in *520a letter from the defendant, contained this provision: “Scale to he made by a man deputized by the surveyor general, said scale to be straight and sound.” Very shortly after the shipments commenced the parties disagreed as’ to the proper measurements, and this dispute…
2Cases cited2 opinions
- Meyers v. McAllisterSupreme Court of Minnesota · 1905
- Nelson v. Charles Betcher Lumber Co.Supreme Court of Minnesota · 1903
3Cited by5 opinions
- Tiedt v. LarsonSupreme Court of Minnesota · 1928
- Force v. GottwaldSupreme Court of Minnesota · 1921
- Itasca Cedar & Tie Co. v. McKinleySupreme Court of Minnesota · 1914
- Carnegie Dock & Fuel Co. v. Midland Lumber & Coal Co.Supreme Court of Minnesota · 1921
- Owen v. J. Neils Lumber Co.Supreme Court of Minnesota · 1914