Legal Opinion

Rathborne, Hair & Ridgeway Co. v. Wheelihan

Supreme Court of Minnesota

Decided December 17, 1900No. Nos. 12,389—(162)PublishedCited by 1 opinion

Action in the district court for St. Louis county to recover $21,000 damages for breach of contract of sale. The case was tried before Ensign, J., and a jury, which rendered a verdict in favor of plaintiff for $1,586.67. From an order denying a motion for a new trial, defendants appealed.

1Opinion of the CourtBrown, J.

Brushing aside some matters of minor importance, this case narrows down to one to recover damages for the breach of an executory *31contract for the sale of certain lumber. The cause went to trial upon issues as presented by an amended complaint, plaintiff had a verdict, and defendants appeal from an order denying a new trial.

Defendants entered into a contract with plaintiff by the terms of which they agreed to sell and deliver to plaintiff certain lumber, to be manufactured by them during the season of 1899, — one million feet of No. 3 boards, and all the boards of grade No. 4 they should…

2Cases cited4 opinions

  1. Bowe v. Minnesota Milk Co.Supreme Court of Minnesota · 1890
  2. Stewart v. Baltimore & O. R.West Virginia Supreme Court · 1889
  3. Ennis v. Buckeye Publishing Co.Supreme Court of Minnesota · 1890
  4. Missouri, Kansas & Texas Railway Co. v. ByasCourt of Appeals of Texas · 1895

3Cited by1 opinion

  1. Pacific Coin Lock Co. v. Coin Controlling Lock Co.Court of Appeals for the Ninth Circuit · 1929

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