C. W. La Moure Co. v. Cuyuna-Mille Lacs Iron Co.
Supreme Court of Minnesota
Action-in the district court for Crow Wing county to recover $1,037.72 on a sale of seven carloads of mining timber. The- defense is stated in the first paragraph of the opinion. The case was tried before Wright, J,, who at the close .of the testimony denied defendant’s motion for a directed verdict and a jury wbicb returned a verdict for $766.24. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the Court
Lees, C.
Defendant appeals from an order denying its motion for judgment notwithstanding a verdict for plaintiffs or for a new trial. The action was brought to recover on a sale of mining timbers. Defendant admitted the sale and as a defense .alleged that part of the timber delivered was not of the dimensions specified in the contract of sale; that it had, therefore, refused to accept it; that a dispute arose as a consequence, whereupon defendant tendered a sum of money in full settlement of plaintiffs’ claim; that the amount tendered was accepted and that there had been a full accord and…
2Cases cited10 opinions
- Demars v. Musser-Sauntry Land, Logging & Manufacturing Co.Supreme Court of Minnesota · 1887
- City of San Juan v. St. John's Gas Co.Supreme Court of the United States · 1904
- Duluth Chamber of Commerce v. KnowltonSupreme Court of Minnesota · 1889
- Marion v. HeimbachSupreme Court of Minnesota · 1895
- Demeules v. Jewel Tea Co.Supreme Court of Minnesota · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cut Price Super Markets v. Kingpin Foods, Inc.Supreme Court of Minnesota · 1959
- Dwyer v. Illinois Oil Co.Supreme Court of Minnesota · 1934
- United States v. Skinner & Eddy CorporationDistrict Court, W.D. Washington · 1928
- Bashaw Brothers Co. v. City Market Co.Supreme Court of Minnesota · 1932
- Thompson Yards, Inc. v. JastrowSupreme Court of Minnesota · 1925
4 more not listed; retrieve them via the Exa API.