Rollins v. St. Paul Lumber Co.
Supreme Court of Minnesota
The complaint alleges that on March 4, 1872, the plaintiff contracted with the defendant to drive certain logs of defendant from the Mike Drew Brook, so called, into the Anoka Boom, for which defendant agreed to pay him at the rate of one dollar and twenty cents per thousand feet, to be x>aid in full when the logs were in the boom; that the plaintiff drove about 360,000 feet of said logs into the boom in July, 1872, and the further amount of about 863,000 feet in June, 1873,…
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The complaint alleges that on March 4, 1872, the plaintiff contracted with the defendant to drive certain logs of defendant from the Mike Drew Brook, so called, into the Anoka Boom, for which defendant agreed to pay him at the rate of one dollar and twenty cents per thousand feet, to be x>aid in full when the logs were in the boom; that the plaintiff drove about 360,000 feet of said logs into the boom in July, 1872, and the further amount of about 863,000 feet in June, 1873, in all 1,292,979 feet; that the defendant has not paid for said driving, nor any part thereof. The answer denies every…
1Opinion of the CourtBerry, J.
The contract to drive the logs being entire, *8the complaint, which alleges that plaintiff agreed to drive “ certain logs,” was defective in not alleging in some way that plaintiff had driven all of said logs, instead of merely alleging that he had driven certain named quantities, without stating whether such quantities were all the logs contracted to be driven, or not. But as no objection was taken to the complaint until after answer, and as the answer expressly admits that the quantities mentioned in the complaint embraced all the logs agreed to be driven, this defect of the complaint must be…
2Cases cited3 opinions
- Shartle v. City of MinneapolisSupreme Court of Minnesota · 1871
- Bennett v. PhelpsSupreme Court of Minnesota · 1867
- Pence v. GaleSupreme Court of Minnesota · 1873
3Cited by6 opinions
- Lesher v. GetmanSupreme Court of Minnesota · 1883
- Omlie v. O'TooleNorth Dakota Supreme Court · 1907
- Merriam v. Pine City Lumber Co.Supreme Court of Minnesota · 1877
- Warner v. LockerbySupreme Court of Minnesota · 1881
- Hedderly v. DownsSupreme Court of Minnesota · 1883
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