McGuire v. J. Neils Lumber Co.
Supreme Court of Minnesota
Action in the district court for Cass county to' recover $2,379.99 and interest, being an alleged balance due for driving and sorting logs. The complaint set up three causes of action, the first and third being based upon written contracts. The case was tried before McClenahan, J., and a jury, which rendered a verdict in favor of plaintiff for $2,318.-99. From an order denying a motion for judgment notwithstanding the verdict, or for a new trial, defendant appealed.
1Opinion of the CourtJaggard, J.
This action was tried on the theory that the plaintiff and respondent had fully and completely performed two certain contracts with the defendant and appellant for the driving and separating of certain logs in the Mississippi river and certain lakes through which that river *295runs. This appeal has to do only with the first and third causes of action set forth in the complaint. The first cause of action was upon a contract, whereby the plaintiff undertook to take possession of the logs therein referred to and drive and deliver them clean and separate from other parties’ logs in booms in…
2Cases cited12 opinions
- Livermore v. WhiteSupreme Judicial Court of Maine · 1883
- Board of Commissioners v. O'ConnorIndiana Supreme Court · 1893
- Read v. RobinsonSupreme Court of Pennsylvania · 1843
- Glaspie v. GlassowSupreme Court of Minnesota · 1881
- Schmidt v. ThomasWisconsin Supreme Court · 1890
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3Cited by5 opinions
- Schmidt v. McKenzieSupreme Court of Minnesota · 1943
- Matteson v. United States & Canada Land Co.Supreme Court of Minnesota · 1908
- Schutt Realty Co. v. MullowneySupreme Court of Minnesota · 1943
- Lowenstein v. Federal Rubber Co.Court of Appeals for the Eighth Circuit · 1936
- Groves v. John Wunder Co.Supreme Court of Minnesota · 1939