Walter A. Wood Harvester Co. v. Jefferson
Supreme Court of Minnesota
Appeal by defendants from an order of the district court for Ramsey county, Brill, J., denying their motion for a new trial after a verdict for $6,209.65 in favor of the receivers of the Walter A. Wood Harvester Company, pursuant to the direction of the court. A tender of the stock, prior to suit, or a readiness and a willingness to deliver, coupled with notice thereof, is necessary to entitle plaintiff to recover.
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Appeal by defendants from an order of the district court for Ramsey county, Brill, J., denying their motion for a new trial after a verdict for $6,209.65 in favor of the receivers of the Walter A. Wood Harvester Company, pursuant to the direction of the court. A tender of the stock, prior to suit, or a readiness and a willingness to deliver, coupled with notice thereof, is necessary to entitle plaintiff to recover. St. Paul v. Robbins, 23 Minn. 439; Walter A. Wood v. Jefferson, 57 Minn. 456; James v. Cincinnati, 2 Disney, 261; Bruce v. Tilson, 25 N. Y. 194; Clark v. Continental, 57 Ind. 135.…
1Opinion of the CourtCanty, J.
2
This is the second appeal in this action. See 57 Minn. 456, 59 N. W. 532. After the last appeal the complaint was amended by alleging that the plaintiff corporation is able, ready and willing to deliver to the defendants the shares of stock so subscribed for by them. On the trial thereafter had, the court ordered a verdict for plaintiff for the amount claimed, and from an order denying a motion for a new trial defendants appeal.
1. The stock subscription on which this action is'brought is in the following form:
*369“We, the undersigned, severally subscribe for and agree to take and pay for the…
2Cases cited6 opinions
- Minneapolis Threshing Machine Co. v. DavisSupreme Court of Minnesota · 1889
- Union Hotel Company v. . HerseeNew York Court of Appeals · 1880
- United States Vinegar Co. v. FoehrenbachNew York Court of Appeals · 1895
- Hause v. MannheimerSupreme Court of Minnesota · 1897
- Walter A. Wood Harvester Co. v. JeffersonSupreme Court of Minnesota · 1894
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3Cited by3 opinions
- Coast Amusements, Inc. v. StinemanCalifornia Court of Appeal · 1931
- Davies v. Price Merchants SyndicateSupreme Court of Minnesota · 1920
- Eastern States Agricultural & Industrial Exposition, Inc. v. Estate of VailSupreme Court of Vermont · 1923