Merriam v. Pine City Lumber Co.
Supreme Court of Minnesota
The plaintiff, in his complaint, alleges that, on March 13,, 1873, he sold and delivered to the defendant 1,616,602 feet of pine logs, at the agreed price of $7.25 per thousand feet,, and amounting in all to $11,720.36 ; that no part of this, sum has been paid, except the sum of $7,678.86, paid partly in cash, and partly in the notes afterwards described in the complaint, and there still remains due to the plaintiff, upon such sale, the sum of $4,041.50, with interest from…
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The plaintiff, in his complaint, alleges that, on March 13,, 1873, he sold and delivered to the defendant 1,616,602 feet of pine logs, at the agreed price of $7.25 per thousand feet,, and amounting in all to $11,720.36 ; that no part of this, sum has been paid, except the sum of $7,678.86, paid partly in cash, and partly in the notes afterwards described in the complaint, and there still remains due to the plaintiff, upon such sale, the sum of $4,041.50, with interest from March. 30, 1873. The complaint sets out four other causes of action on four promissory notes, all dated February 11,…
1Opinion of the CourtCornell, J.
1. Upon a careful examination of the whole evidence, we are satisfied no such clear case is presented of an insufficiency in the evidence to support the verdict as brings this case within the rule governing this court in granting a new trial upon that ground. Upon each material fact controverted on the trial there was sufficient, in the nature and character of the testimony and evidence adduced, fairly to raise an issue proper for the consideration of ’the jury, and its decision thereon is final.
2. The question referred to in defendant’s second point was objectionable, in that it called for…
2Cases cited8 opinions
- Wicker v. HoppockSupreme Court of the United States · 1867
- Churchill v. HuntNew York Supreme Court · 1846
- Port v. JacksonNew York Supreme Court · 1819
- Sanborn v. SturtevantSupreme Court of Minnesota · 1871
- Sanders v. ClasonSupreme Court of Minnesota · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Bullitt v. FarrarSupreme Court of Minnesota · 1889
- Hanson v. KlineSupreme Court of Iowa · 1907
- White v. SchaderCalifornia Supreme Court · 1921
- Davis v. Central Land Co.Supreme Court of Iowa · 1913
- Hartwig v. Loyal Order of Moose, Brainerd Lodge No. 1246Supreme Court of Minnesota · 1958
19 more not listed; retrieve them via the Exa API.