Washburn v. Winslow
Supreme Court of Minnesota
This action was commenced in the district court for Hennepin county. A jury trial was had and a verdict rendered for the plaintiff by direction of the court. The defendant thereupon moved for a new trial upon the case, and appeals to tliis court from the order denying his motion. The case is fully stated in the opinion of the court.
1Opinion of the Court
By the Court,
Ripley, Ch. J.
The complaint states a contract between the plaintiff and defendant, the substance of which, necessary to be herein stated, is that defendant was to cut, during the logging season of 1867-8, the pine timber fit for saw logs on certain land of plaintiff, and haul the logs to proper positions for driving, paying plaintiff therefor by June 15th, 1868, $2.50 per 1000 feet, till which payment the logs were not to become defendant’s property. The complaint further alleges, in substance, that thereunder defendant had cut 384,315 feet of such lumber, but had not paid as…
2Cases cited2 opinions
- Blackman v. WheatonSupreme Court of Minnesota · 1868
- Babcock v. SanbornSupreme Court of Minnesota · 1859
3Cited by5 opinions
- Nelson v. ThompsonSupreme Court of Minnesota · 1877
- Hayden v. AlbeeSupreme Court of Minnesota · 1873
- Halloran v. HolmesNorth Dakota Supreme Court · 1904
- Rickel v. ShermanNorth Dakota Supreme Court · 1916
- Mathias v. State Farmers' Mutual Hail InsuranceNorth Dakota Supreme Court · 1918