St. Anthony Falls Water-Power Co. v. Merriman
Supreme Court of Minnesota
By deed, bearing date May 22, 1871, the plaintiff, owner of the water-power created by the flow of water in the east channel of the Mississippi river, at Minneapolis, and of a dam across that channel, conveyed in fee to the defendants’ grantors the right to erect a sawmill, and to draw from the east channel of the river “fifty cubic feet of water per second, under a head and fall of thirty-five feet, provided said head and fall can be obtained at a depth of eight feet below…
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By deed, bearing date May 22, 1871, the plaintiff, owner of the water-power created by the flow of water in the east channel of the Mississippi river, at Minneapolis, and of a dam across that channel, conveyed in fee to the defendants’ grantors the right to erect a sawmill, and to draw from the east channel of the river “fifty cubic feet of water per second, under a head and fall of thirty-five feet, provided said head and fall can be obtained at a depth of eight feet below the lime rock at the wheel-pit on said premises; but if said head and fall of thirty-five feet cannot be obtained at a…
1Opinion of the CourtMitchell, J.
The question raised by this appeal is whether the defendants are, upon the facts found, entitled to a reformation of the deed set out in their answer. Touching the previous lease between the same parties, the finding (the third) leaves it in much doubt whether their minds met upon and assented to the proposition, as their contract, that plaintiff should lease to defendants sufficient water-power, whatever amount that might be, to operate the machinery of the proposed mill, and that, for the purpose of carrying that intention into effect, they inserted in the written lease, as an equivalent…
2Cited by6 opinions
- Pittsburg Lumber Co. v. ShellTennessee Supreme Court · 1916
- Russell v. Shell Petroleum CorporationCourt of Appeals for the Tenth Circuit · 1933
- Barnum v. WhiteSupreme Court of Minnesota · 1914
- Farmers' Union Elevator Co. v. Syndicate InsuranceSupreme Court of Minnesota · 1889
- Johnson v. GieseSupreme Court of Minnesota · 1950
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