Legal Opinion

Amans v. Campbell

Supreme Court of Minnesota

Decided December 20, 1897No. Nos. 10,837-(186)PublishedCited by 11 opinions

Action in the district court for St. Louis county against O. H. Campbell and the McCord Lumber Company to recover $152 for work and labor as cook and loader in and about the cutting and banking of certain logs belonging to the defendant lumber company, and to obtain a sale of the logs to satisfy plaintiff’s lien thereon. The material facts are given in the opinion.

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Action in the district court for St. Louis county against O. H. Campbell and the McCord Lumber Company to recover $152 for work and labor as cook and loader in and about the cutting and banking of certain logs belonging to the defendant lumber company, and to obtain a sale of the logs to satisfy plaintiff’s lien thereon. The material facts are given in the opinion. The “Exhibit A” mentioned there was as follows: “I hereby agree to work for Campbell & Co. during the logging season of 1896 and 1897 at --dollars per month cooking, on the following conditions: To be paid,” (here follow the times…

1Opinion of the CourtMitchell, J.

This was an action to recover personal judgment against the defendant Campbell for services in a logging camp, and to have the amount adjudged a lien on the logs which belonged to the defendant lumber company; but the questions presented by this appeal relate exclusively to plaintiff’s right of action against Campbell.

The undisputed evidence is that Campbell personally employed plaintiff; that neither at the time of making the contract nor during the times plaintiff was performing the services did he disclose any agency, unless it was by the use of the name of “Campbell & Co.” in the written…

2Cases cited1 opinion

  1. Preston v. FoellingerU.S. Circuit Court for the District of Indiana · 1885

3Cited by11 opinions

  1. Alsco Iowa, Inc. v. JacksonSupreme Court of Iowa · 1962
  2. Saco Dairy Co. v. NortonSupreme Judicial Court of Maine · 1944
  3. Van D. Costas, Inc. v. RosenbergDistrict Court of Appeal of Florida · 1983
  4. Resnick v. Abner B. Cohen Advertising, Inc.District of Columbia Court of Appeals · 1954
  5. Givner v. United States Hoffman MacHinery Corp.Ohio Court of Appeals · 1935

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