Potter v. Holmes
Supreme Court of Minnesota
Action in tbe district court for Aitkin county to recover $11,370, the contract price of railroad ties sold and delivered to defendants. The case was tried before Cant, J., sitting for the judge of the fifteenth judicial district, who, upon conclusion of the testimony, granted a motion to dismiss the action. From an order denying a motion for a new trial, plaintiffs appealed.
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Action in tbe district court for Aitkin county to recover $11,370, the contract price of railroad ties sold and delivered to defendants. The case was tried before Cant, J., sitting for the judge of the fifteenth judicial district, who, upon conclusion of the testimony, granted a motion to dismiss the action. From an order denying a motion for a new trial, plaintiffs appealed. When goods are sold, if the vendor has delivered them at the place agreed and there remains nothing for him to do, he may maintain an action for the contract price although the vendee refuse to accept the goods. Wood v.…
1Opinion of the CourtLewis, J.
The litigation in reference to this matter has been pending about eight years, and this is the fourth time the case has reached this court, and a somewhat full statement of the facts seems necessary for a proper consideration of the controversy.
Appellants and respondents entered into a certain written contract, of date September 15,1893, by the terms of which appellants agreed to sell and deliver to respondents railroad cross-ties of' certain particular kinds and dimensions. The contract contained a provision that the ties should be delivered on the line of the Northern Pacific Railroad…
2Cases cited2 opinions
- Potter v. HolmesSupreme Court of Minnesota · 1898
- Potter v. HolmesSupreme Court of Minnesota · 1896
3Cited by2 opinions
- California Pear Growers Ass'n v. HerspringCalifornia Court of Appeal · 1923
- Gardner v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1912