St. Anthony Lumber Co. v. Bardwell-Robinson Co.
Supreme Court of Minnesota
Action in the district court for Hennepin count}7 to recover a balance of $11,016.59, with interest, for pine logs sold and delivered to the defendant under a written contract with it and another company. The contract contained a recital that the plaintiff was the owner of 9,000,000 “feet of pine logs now in the Mississippi river and its tributaries above the city of Minneapolis,” marked with seven specified log marks.
Read the full summary
Action in the district court for Hennepin count}7 to recover a balance of $11,016.59, with interest, for pine logs sold and delivered to the defendant under a written contract with it and another company. The contract contained a recital that the plaintiff was the owner of 9,000,000 “feet of pine logs now in the Mississippi river and its tributaries above the city of Minneapolis,” marked with seven specified log marks. The other material parts of the contract are stated in the opinion. The answer alleged that, by reason of the logs removed at- Sauk Eapids and Little Falls, the kind, size, and…
1Opinion of the CourtMitchell, J.
This action was brought to' recover the price of logs sold and delivered by plaintiff to defendant under the contract, Exhibit A of the complaint. In its answer defendant sought to recoup, against the contract price, damages caused by the fact that the logs delivered were inferior in quality to what the contract called for.
1. The first question is whether the defendant had accepted the logs as performance of the contract, so as to obligate it to pay the contract price, regardless of their quality. It will be observed that the logs were not to be delivered all at once, but from time to time…
2Cited by3 opinions
- Yamaoka v. KloeberWashington Supreme Court · 1913
- Northern Trust Co. v. HiltgenSupreme Court of Minnesota · 1895
- Lawson & Nelson Sash & Door Co. v. Kraus-Anderson of St. Paul Co.Supreme Court of Minnesota · 1968