Boyle v. Musser-Sauntry Land, Logging & Manufacturing Co.
Supreme Court of Minnesota
Action, in the district court for Washington county to recover a balance of $11,533.02 alleged to be due upon a logging contract. The case was tried before Williston, J., who found in favor of plaintiff for $8,320.47. From an order denying a motion for a new trial, defendant appealed.
1Opinion of the CourtLewis, J.
The material part of the contract under consideration will be found in the opinion of a former case between the same parties. Boyle v. Musser-Sauntry L., L. & M. Co., 77 Minn. 206, 79 N. W. 659. During the first three years of operation the plaintiff and his assignor, Gaslin, accepted the so-called bank scale, and settlement' was made for those years upon that basis. During each of the next succeeding seven years, plaintiff exercised the option provided in the contract, and claimed payment upon the scale of logs to be made by the surveyor general in Lake St. Croix. The contract was finally…
2Cases cited1 opinion
- Boyle v. Musser-Sauntry Land, Logging & Manufacturing Co.Supreme Court of Minnesota · 1899