North Coast Lumber Co. v. Great Northern Lumber Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover a balance of $2,498.77 for lumber sold and delivered. Defendants interposed a counterclaim and asked judgment for $811.76. The case was tried before Waite, J., who at. the close of the testimony denied plaintiff’s motion for a directed verdict and for the dismissal of the counterclaim, and a jury which returned a verdict in favor of plaintiff for $2,318.25. From an order denying their motion for a new trial,…
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Action in the district court for Hennepin county to recover a balance of $2,498.77 for lumber sold and delivered. Defendants interposed a counterclaim and asked judgment for $811.76. The case was tried before Waite, J., who at. the close of the testimony denied plaintiff’s motion for a directed verdict and for the dismissal of the counterclaim, and a jury which returned a verdict in favor of plaintiff for $2,318.25. From an order denying their motion for a new trial, defendants appealed.
1Opinion of the Court
Taylor, C.
On February 26, 1917, defendants gave plaintiff an order for nearly one million feet of lumber at specified prices to be shipped from Pacific Coast points and delivered at Minneapolis, Minnesota. Plaintiff accepted the order and began delivering the lumber. The price of lumber advanced materially and deliveries under the contract fell off. A controversy arose in which each party claimed that the other had 'breached the contract. On June 8, 1917, defendants’ representative wrote plaintiff:
“You are undoubtedly aware of the fact that this lumber is worth a great deal more today than…
2Cases cited1 opinion
- Hjorth v. Albert Lea Machinery Co.Supreme Court of Minnesota · 1919
3Cited by4 opinions
- Huntington & Finke Co. v. Lake Erie Lumber & Supply Co.Ohio Supreme Court · 1924
- Ingram-Day Lumber Co. v. SchultzCourt of Appeals for the Seventh Circuit · 1930
- Goodman v. Brown Land & Lumber Co.Wisconsin Supreme Court · 1924
- Brickner Woolen Mills Co. v. KurstinSupreme Court of Minnesota · 1920