Churchill v. Holton
Supreme Court of Minnesota
Appeal by defendants from a judgment of the district court for Fillmore county, where the action was heard and determined by Farmer, J., upon the evidence taken before the justice of the peace in whose court it was originally brought.
1Opinion of the CourtVanderburgh, J.
The record discloses these facts found by the court: The defendants bought four hogs of the plaintiff, at the agreed price of $31.50, to be paid on their delivery. Plaintiff drove them all to defendants’ stock-yard for delivery. They refused to accept one, which had become overheated in driving, and shortly after died, but did accept the delivery of the remaining three under the contract. The court thereupon ordered judgment for their proportionate value, being the sum of $22.62. Since there was an entire contract for the delivery of all the hogs together, the defendants were at liberty to…
2Cases cited1 opinion
- Avery v. . WillsonNew York Court of Appeals · 1880
3Cited by5 opinions
- Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
- City of St. Charles v. StookeyCourt of Appeals for the Eighth Circuit · 1907
- German Savings Inst. v. De La Vergne Refrigerating Mach. Co.Court of Appeals for the Eighth Circuit · 1895
- Bamberger Bros. v. BurrowsSupreme Court of Iowa · 1910
- Mead v. Rat Portage Lumber Co.Supreme Court of Minnesota · 1904