Legal Opinion

Robson v. Bohn

Supreme Court of Minnesota

Decided March 16, 1876PublishedCited by 5 opinions

By a contract in writing made May 19, 1873, the plaintiff agreed to sell and deliver to the defendant 425,000 feet of lumber, at the price of $15.50 per 1,000 feet, the lumber to be delivered at the rate of not less than 20,000 feet per week from the date of the contract until the whole should be delivered, and the defendant agreed to deliver to plaintiff, upon the execution of the contract, his promissory note for $3,000.00, payable July 10, 1873, and to pay him the further…

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By a contract in writing made May 19, 1873, the plaintiff agreed to sell and deliver to the defendant 425,000 feet of lumber, at the price of $15.50 per 1,000 feet, the lumber to be delivered at the rate of not less than 20,000 feet per week from the date of the contract until the whole should be delivered, and the defendant agreed to deliver to plaintiff, upon the execution of the contract, his promissory note for $3,000.00, payable July 10, 1873, and to pay him the further sum of $2,000.00 on August 1,1873, and to pay in full on the full delivery of all the lumber contracted for. On August…

1Opinion of the CourtBerry, J.

This is an appeal from an order granting a new trial. In assigning reasons for the order, it is said by the court below that the motion for the new trial is made “ upon the ground, chiefly, that the findings of fact are against the evidence.” Upon that ground, as we understand it, the court below has proceeded in granting the new trial, and in laying down rules of law applicable, not to the facts' as found by the referee, but to the somewhat contrary *412state of facts which, in the opinion of the court below, the evidence in the case tends to establish.

By the terms of the written contract…

2Cited by5 opinions

  1. Cummings v. RogersSupreme Court of Minnesota · 1887
  2. Karbach v. GrantSupreme Court of Minnesota · 1915
  3. Palmer v. BreenSupreme Court of Minnesota · 1885
  4. I. L. Elwood Manufacturing Co. v. BetcherSupreme Court of Minnesota · 1898
  5. Stronge & Warner Co. v. H. Choate & Co.Supreme Court of Minnesota · 1921

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