Rotzien-Furber Lumber Co. v. Franson
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $4,-'777.03 for breach of contract to deliver lumber. The case was tried .before Jelley, J., who denied defendants’ motion to dismiss the action and their motions to direct a verdict in their favor, and a jury which returned a verdict upon the first cause of action of $2,777, less the sum of $911.59 damages allowed plaintiff for breach of contract, leaving to defendants the sum of $1,865.41. Upon the second cause of…
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Action in the district court for Hennepin county to recover $4,-'777.03 for breach of contract to deliver lumber. The case was tried .before Jelley, J., who denied defendants’ motion to dismiss the action and their motions to direct a verdict in their favor, and a jury which returned a verdict upon the first cause of action of $2,777, less the sum of $911.59 damages allowed plaintiff for breach of contract, leaving to defendants the sum of $1,865.41. Upon the second cause of action it returned a verdict of $5,000, and interest, less the sum of $344.34 and less the sum of $1,865.41 found to be…
1Opinion of the CourtPhilip E. Brown, J.
Appeal by defendants from an order denying their alternative motion for judgment or a new trial after verdict for plaintiff.
Two causes of action are declared, predicated respectively upon failure to deliver lumber under two separate written contracts of •sale, copies of which were incorporated in the complaint, and a re•covery was had on each.
The contract involved in the first cause of action bears date November 29, 1909, was executed by both parties, and provides that the purchaser agrees to buy all pine and spruce lumber “now in the .yards at Eriesburg, Minnesota, delivered on the cars at…
2Cases cited8 opinions
- Hoffman v. MaffioliWisconsin Supreme Court · 1899
- Stensgaard v. SmithSupreme Court of Minnesota · 1890
- Todd v. BettingenSupreme Court of Minnesota · 1910
- Minneapolis Mill Co. v. GoodnowSupreme Court of Minnesota · 1889
- Furnell v. City of St. PaulSupreme Court of Minnesota · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- City of Marshall v. KalmanSupreme Court of Minnesota · 1922
- Scott v. T. W. Stevenson Co.Supreme Court of Minnesota · 1915
- Hinchliffe v. Minnesota Commercial Men's Ass'nSupreme Court of Minnesota · 1919
- Rudolph v. JohnsonCalifornia Court of Appeal · 1932
- Bryan v. Capital Trust & Savings BankSupreme Court of Minnesota · 1920
1 more not listed; retrieve them via the Exa API.