Johnson v. Salter
Supreme Court of Minnesota
Appeal by defendant Salter from an order of the district court for St. Louis county, Moer, J., denying a motion for a new trial, after a trial before Morris, J. The general rule for determining whether a contract is entire or severable is well settled. Lucesco v. Brewer, 66 Pa: St. 851; Fullmer v. Poust, 155 Pa.
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Appeal by defendant Salter from an order of the district court for St. Louis county, Moer, J., denying a motion for a new trial, after a trial before Morris, J. The general rule for determining whether a contract is entire or severable is well settled. Lucesco v. Brewer, 66 Pa: St. 851; Fullmer v. Poust, 155 Pa. St. 275; 2 Parsons, Cont. 517; Norris v. Harris, 15 Cal. 226; Barnard v. McLeod (Mich.) 72 N. W. 24. Where the contract consists of several distinct and independent parts, each of which could be performed without reference to the other, the contract is not entire but severable. Rugg…
1Opinion of the CourtStart, C. J.
This action was brought to recover from the defendant Salter the balance due to the plaintiffs for the erection of three frame buildings, and to have the amount thereof decreed to be a lien upon the three lots upon which the houses were erected.
Findings of fact and conclusions of law were made, whereby judgment was ordered for the plaintiffs, decreeing the entire amount claimed to be a lien as prayed. The defendant Salter appealed from an order denying his motion for a new trial. The trial court found: That the defendant Salter was and is the owner of lots 356, 35S, and 360 in block 111…
2Cases cited4 opinions
- Menzel v. TubbsSupreme Court of Minnesota · 1892
- Miller v. ShepardSupreme Court of Minnesota · 1892
- Reilly v. WilliamsSupreme Court of Minnesota · 1891
- Glass v. St. Paul Park Carriage & Sleigh Co.Supreme Court of Minnesota · 1890
3Cited by7 opinions
- Premier Bank v. BECKER DEVELOPMENT, LLCSupreme Court of Minnesota · 2010
- Carr-Cullen Co. v. CooperSupreme Court of Minnesota · 1920
- Ryan Contracting Company v. O'Neill & Murphy, LLPSupreme Court of Minnesota · 2016
- Sunrise Electric, Inc. v. Zachman Homes, Inc.Court of Appeals of Minnesota · 1988
- Premier Bank v. Becker Development, LLCCourt of Appeals of Minnesota · 2009
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