Legal Opinion

Germain v. Great Northern Lumber Co.

Supreme Court of Minnesota

Decided July 18, 1919No. 21,333PublishedCited by 3 opinions

Action in the district court for Hennepin county to recover $1,092.90 upon a contract. The case was tried before Jelley, J., who when plaintiff rested and at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $1,123.88 against the lumber company. From an order denying its motion for a new trial, defendant appealed.

1Opinion of the CourtHallam, J.

On June 14, 1916, plaintiff sold to C. R. Girton, doing business as the Industrial Lumber Company, a motor truck for the price of $1,500 to be paid in lumber. In the agreement of sale the Industrial Lumber Company was described as a corporation, but there was no such corporation. Girton never paid any part of the price. On September' 16, 1916, Girton, Samuel Fleisher and J. E. Brill entered into an agree-, ment for the formation of a corporation, to be known as the Industrial Lumber Company “the object and purpose being to wind up the business of C. R. Girton and transfer the same to the new…

2Cases cited5 opinions

  1. Sayre v. BurdickSupreme Court of Minnesota · 1891
  2. Current v. MuirSupreme Court of Minnesota · 1906
  3. Knatvold v. WilkinsonSupreme Court of Minnesota · 1901
  4. Lawton v. St. Paul Permanent Loan Co.Supreme Court of Minnesota · 1894
  5. Scofield v. WalrathSupreme Court of Minnesota · 1886

3Cited by3 opinions

  1. Shinners v. FordSupreme Court of Minnesota · 1922
  2. Tierney v. Graves Motor Co.Supreme Court of Minnesota · 1931
  3. Martin v. SetterSupreme Court of Minnesota · 1931

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