Baldwin v. Blanchard
Supreme Court of Minnesota
The plaintiffs sued in the district court for Olmsted county, to recover damages of the defendant, for the non-performatice of a contract.
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The plaintiffs sued in the district court for Olmsted county, to recover damages of the defendant, for the non-performatice of a contract. The contract, as alleged by the plaintiffs was, on the part of the defendant, that the defendant should cut all the wheat of plaintiffs (some 127 acres) then growing, so soon as he should cut a certain forty acre tract of his own, then, without delay, he should commence to cut and stack plaintiffs’ ■wheat, and continue thereat, until the same should be completed. The alleged breach was that defendant did not commence to cut plaintiffs’ wheat until some two…
1Opinion of the Court
Kipley, Ch. J.
By the Court Plaintiffs declared on defendant’s breach of contract in not cutting their wheat at the time agreed, whereby it became over-ripe, and part was lost by shelling in handling, and exposure while standing to violent storms of wind and rain.'
*496Issue was joined on the alleged contract, and breach, and plaintiffs’ alleged loss, the answer averring also, that if plaintiffs had sustained any damage in the premises, it wholly resulted from their own ac.ts, and neglect, and the unfavorable state of the weather, while their wheat was harvesting. The case was tried by a jury who…
2Cases cited5 opinions
- State v. StaleySupreme Court of Minnesota · 1869
- Lansing v. WiswallNew York Supreme Court · 1848
- Parsons v. BrownNew York Supreme Court · 1853
- Chamberlain v. PorterSupreme Court of Minnesota · 1864
- Cole v. MaxfieldSupreme Court of Minnesota · 1868
3Cited by6 opinions
- United States v. ShapleighCourt of Appeals for the Eighth Circuit · 1893
- Tabor v. Commercial Nat. Bank of ClevelandCourt of Appeals for the Eighth Circuit · 1894
- Simmons v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1872
- Paine v. SherwoodSupreme Court of Minnesota · 1872
- Judson v. ReardonSupreme Court of Minnesota · 1871
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