Anderson v. St. Croix Lumber Co.
Supreme Court of Minnesota
Plaintiffs brought this action in the district court for Ramsey county, alleging for a first cause of action the sale and delivery by them to ■defendant of 1,209,100 feet of pine saw-logs at $5 per thousand feet, no part of which has been paid; and, for a second cause of action, a •contract between the parties, made October 28, 1882, whereby plaintiffs agreed to cut, haul, bank and drive into the St. Croix boom, and deliver on the stringers, so called, 2,012,210 feet of…
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Plaintiffs brought this action in the district court for Ramsey county, alleging for a first cause of action the sale and delivery by them to ■defendant of 1,209,100 feet of pine saw-logs at $5 per thousand feet, no part of which has been paid; and, for a second cause of action, a •contract between the parties, made October 28, 1882, whereby plaintiffs agreed to cut, haul, bank and drive into the St. Croix boom, and deliver on the stringers, so called, 2,012,210 feet of good, sound, •merchantable pine saw-logs, free from all liens, stumpages, or incum-brances, for which the defendant agreed…
1Opinion of the CourtCollins, J.
1. The 2d, 3d, 4th, and 5th assignments of error, as specified in appellant’s brief, refer solely to the sufficiency of the evidence to justify and sustain the verdict. As the certificate of the district judge who presided at the trial fails to state or show that all of the testimony produced on that occasion has been incorporated in the settled case, and as the fact has not been made to appear by the record in any other manner, each of these assignments must be disregarded. When counsel for the respondents called attention to this •feature of the case on the oral argument, appellant’s…
2Cited by3 opinions
- Willett v. Great Northern Railway Co.Supreme Court of Minnesota · 1922
- Bird v. JohnsonSupreme Court of Minnesota · 1937
- Baltimore & Ohio R. Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1904