Jock v. O'Malley
Supreme Court of Minnesota
Action in replevin in the district court for Pine county, for $50 damages for detention of the property, and in case restitution could not be made for $999,10, the value of the same. The case was tried before Nethaway, J., who at the close of the testimony denied defendant’s motion to dismiss the action and a jury which returned a verdict for restitution of the property, and if that could not be had assessed the value at $1,999.10, less $200 already paid.
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Action in replevin in the district court for Pine county, for $50 damages for detention of the property, and in case restitution could not be made for $999,10, the value of the same. The case was tried before Nethaway, J., who at the close of the testimony denied defendant’s motion to dismiss the action and a jury which returned a verdict for restitution of the property, and if that could not be had assessed the value at $1,999.10, less $200 already paid. From the judgment entered pursuant to the order for judgment, defendant appealed.
1Opinion of the Court
Taylor, C.
On May 5, 1916, plaintiff as party of the first part and defendant as party of the second part made the following contract: “The said party of the first part, in consideration of the covenants and agreements of said party of the second part, hereinafter contained, hereby covenants with said party of the second part, that the said party of the first part will sell approximately eighty thousand feet of -lumber, consisting of White Pine and Norway Pine, now piled on land described as East Half of North East Quarter, Section 20, Township 44, Range 20, at rate of Fourteen and no/100…
2Cases cited4 opinions
- Rail v. Little Falls Lumber Co.Supreme Court of Minnesota · 1891
- E. L. Welch Co. v. Lahart Elevator Co.Supreme Court of Minnesota · 1913
- Day v. GravelSupreme Court of Minnesota · 1898
- Fredette v. ThomasSupreme Court of Minnesota · 1894
3Cited by3 opinions
- E. Albrecht & Son, Inc. v. LandyDistrict Court, D. Minnesota · 1939
- Guckeen Farmers Elevator Co. v. Cargill, Inc.Supreme Court of Minnesota · 1964
- Ewing v. GmeinderSupreme Court of Minnesota · 1927