Taylor v. Marcum
Supreme Court of Minnesota
From the judgment of a justice of the peace in favor of plaintiff in an action upon a contract for the recovery of $20, defendant appealed to the district court for Polk county. The substance of the contract is stated in the opinion. At the trial in the district court with a jury, Ives, J., the court refused to direct a verdict either for plaintiff or for defendant. The jury returned a verdict for defendant.
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From the judgment of a justice of the peace in favor of plaintiff in an action upon a contract for the recovery of $20, defendant appealed to the district court for Polk county. The substance of the contract is stated in the opinion. At the trial in the district court with a jury, Ives, J., the court refused to direct a verdict either for plaintiff or for defendant. The jury returned a verdict for defendant. From an order denying plaintiff’s motion to vacate the verdict and for a new trial, plaintiff appealed.
1Opinion of the CourtStart, C. J.
The parties hereto, at Grookston, on May 29, 1890,. entered into a written contract, the material provisions of which are substantially as follows: That Taylor (the appellant) agrees, to build 20 grain.bins in this city, each capable of storing 500 bushels of wheat, and maintain them 10 years, subject to accidents from the elements, allowing time to rebuild if destroyed, in one of which Marcum (the respondent) may store for shipment his farm product at any time "when not in use by others, and, if so occupied, may enter his name for use of bin as soon as one is vacant, and shall be entitled to…
2Cases cited5 opinions
- Leeds v. LittleSupreme Court of Minnesota · 1890
- Elliott v. CaldwellSupreme Court of Minnesota · 1890
- O'Dea v. City of WinonaSupreme Court of Minnesota · 1889
- Bixby v. WilkinsonSupreme Court of Minnesota · 1879
- Belt v. StetsonSupreme Court of Minnesota · 1880
3Cited by1 opinion
- Town of Birch Cooley v. First National BankSupreme Court of Minnesota · 1902