Daniels v. Willis
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT OF RAMSEY COUNTY. I. — 'Any interference with the property on the part of the Defendant Willis, so that the same was diverted from the purpose or object to which the award directed it to be applied, would be as much a breach of the condition as any other act which the Defendant might or could have done.
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ERROR TO THE DISTRICT COURT OF RAMSEY COUNTY. I. — 'Any interference with the property on the part of the Defendant Willis, so that the same was diverted from the purpose or object to which the award directed it to be applied, would be as much a breach of the condition as any other act which the Defendant might or could have done. II. — The Court erred in sustaining the demurrer. 1. Because the demurrer admits a full and complete breach of the condition of the bond. 2. Because any interference with the property by said Willis, was a refusal to abide the award, .and therefore a breach of the…
1Opinion of the Court
By the Court
Elandrau, J.
It appears from the complaint that certain controversies existed between the Plaintiff below and Ira "Willis. That they were submitted to arbitrators. One subject that was so submitted, and the only one that is specifically mentioned in the complaint, was the title to certain personal property which "Willis had seized on a writ of replevin, and' which was claimed by the Plaintiff. The arbitrators by their a^ard were to determine how the property was to be disposed of. A bond was entered into by the Defendants to the Plaintiff, in the sum of $500, conditioned that…
2Cited by1 opinion
- Nygaard v. Maeser Fur Farms, Inc.Supreme Court of Minnesota · 1931