Gulledge Bros. Lumber Co. v. Wenatchee Land Co.
Supreme Court of Minnesota
Action in the district court for Hennepin eounty to recover $50,-000 for breach of contract to sell standing timber in the state of Washington. The former appeals in this action are reported in 111 Minn. 418, 127 N. W. 395, 923; 115 Minn. 491, 132 N. W. 992, 118 Miuu. 273, 136 N. W. 738, and 122 Minn. 266, 142 N. W. 305. The case was tried before Steele, J., who at the close of plaintiff’s case granted defendant’s motion to dismiss the action.
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Action in the district court for Hennepin eounty to recover $50,-000 for breach of contract to sell standing timber in the state of Washington. The former appeals in this action are reported in 111 Minn. 418, 127 N. W. 395, 923; 115 Minn. 491, 132 N. W. 992, 118 Miuu. 273, 136 N. W. 738, and 122 Minn. 266, 142 N. W. 305. The case was tried before Steele, J., who at the close of plaintiff’s case granted defendant’s motion to dismiss the action. From an order denying its motion for a new trial, plaintiff appealed.
1Opinion of the CourtPhilip E. Brown, J.
Plaintiff appealed from an order denying a new trial, after dismissal by the court on the trial for failure of proof.
The action was to recover damages for breach of contract relating to sale of standing timber. Defendant offered no proofs, and the facts established by plaintiff here material, all of which were germane under the pleadings, may thus be stated:
On May 6, 1902, the Northern Pacific Bailway Co. contracted to sell to one Sargeant, 52,000 acres of timber land in the state of Washington, agreeing to deed to him upon his later making specified deferred payments. This contract contained…
2Cases cited6 opinions
- Clark v. B. B. Richards Lumber Co.Supreme Court of Minnesota · 1897
- Johnson v. EklundSupreme Court of Minnesota · 1898
- J. Neils Lumber Co. v. HinesSupreme Court of Minnesota · 1904
- Mathews v. MulveySupreme Court of Minnesota · 1888
- Gulledge Bros. Lumber Co. v. Wenatchee Land Co.Supreme Court of Minnesota · 1910
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3Cited by1 opinion
- Rathborne, Hair & Ridgway Co. v. CoffronSupreme Court of Minnesota · 1928